232       Provincial Court Proceedings, 1677/8.

            Liber N N  the twentieth day of ffebruary in the third yeare of the Dominion of
                   Charles Lord Baltemore &c Annoq Doni 1677 that the said John
                   Serjeant & Mary his wife late wife of Edward Norman Guardians
                   of Rosamond Norman daughter & heyre of the said Edward Norman
                   in i right of the said Rosamond their possession of the said Messuage
          & one hundred acres of land recover And the said     in mercy

                   Wm Taylor 1 Itt was this day to witt the three & twentieth day of
                      agt ffebruary in the third yeare of the Dominion of Charles
                 Wm Laytonj Lord Baltemore &c Annoq Dni 1677 moved to the
                           Court here by Robert Ridgely Attorney for the plain
                   tiffe That whereas the Eighth day of Octobr last past att a Pro
                   vincial Court then holden, the Defendts by Robert Carvile their
                   Attorney in the absence of the plaintiffe & his said Attorney did sur
                   reptitiously obtaine an order of this Court which followes in these
                   words vizt that whereas att the said Eighth day of OctoW came Wm
                   Taylor by Robert Ridgely his Attorney & Wm Layton by Robert
                   Carvile his Attorney, but because itt appeared to the Court here that
                   this action in Ejectmt was comenced by the said Wm Tailor as Lesse
                   to the said Thomas Jones agt Wm Layton the casuall Ejector And the
                   said Andrew Whittington & Richard Chambers being named De
                   fendth instead of the casuall Ejector to try the Title to one Messuage
                   of One thousand acres of land in Somrsett County late in the tenure
                   or occupacon of the said Thomas Jones And the Court findeing itt
                   necessary that the bounds of the said persons lands be Surveyed by
                   a skillfull person according to their respective Patents & a faire plott
                   & Certificate thereof be returned to the Court, Itt is by the Court
                   this day ordered, that Mr ffrancis Jenckins Deputy Surveyr of the
                   said County be especially appointed by this Court & is hereby ap
                   pointed impowered & comanded to lay out the lands of the said parties
                   according to their ancient meetes & bounds runing the lines accord
                   ing to the Patents in the prsence of the Sheriffe of the said County,
                   who is hereby comanded & impowered to Sumon & impanne! a Jury
                   upon the said lands & examine Evidences upon Oath that the truth
                   of the matter may be fully discovered And the said Surveyr is hereby
                   ordered to run his lines according to the evidence then given & the
                   direction of of the Jury, & to returne & Certificate of his proceedings
                   herein & a faire plott distinctly drawn of the lands in question, to
                   gether with the Evidence that was then sworne to the next Provin
                   ciall Court attested under the hand of the said Surveyr Sheriffe &
                   Jurors, that so his Lordpps Justices being fully informed of the truth
                   of the prmisses may doe therein as to Justice appertaineth. So that
                   by the said order the said plaintiffe in a reall accon was concluded un
                   heard contrary to Law, And the said Robert Ridgely prayed that the
               p. 482  said order & the Survey Thereupon returned by ffrancis Jenckins
                   Deputy Surveyr be sett aside, & a new Survey awarded for the Re-