Provincial Court Proceedings, 1677/8.   233

        survey of the said parcell of land called Naseworthys choice accord- Liber N N
        ing to the ancient meetes & bounds of the Grant thereof issued in the
        name of Naseworthy Upon the mocon aforesaid, & the parties of both
        sides by their Attorneys being by this Court fully heard, & upon due
        & mature consideracon of the prmisses had & taken by his Lordps
        Justices here prsent This Court doe adjudge the said former order
        to be surreptitiously obtained by the Defendts And that all the pro
        ceedings thereon be null & void to all intents & purposes whatsoever
        And further doe order, that W ffrancis Jenckins Deputy Surveyr of
        Somrsett County be & is hereby espetially appointed and comanded
        to lay out the aforesaid One thousand acres of land called Nase
        worthys choice according to the ancient bounds thereof specified in
        Naseworthys Patent, provided the lines thereof run not into the land
        of any person Surveyed before the first Survey of the said land And
        that the said land by the said Surveyr be laid out in prsence of the
        Sheriffe of the said County, who is hereby comanded & impowered
        to Sumons & impannell a Jury upon the said land, who are to be duely
        sworne by the said Sheriffe to direct the said Surveyr according to
        the best of their knowledge of the true ancient bounds of the said
        one thousand acres of land called Naseworthys choice And the said
        Surveyr is hereby ordered to returne a Certificate of his proceedings
        herein And also a faire Certificate & plott of the meets & bounds of
        the said land called Naseworthys choice under his hand & the hands
        & Seales of the Sheriffe & Jurors aforesaid to his Lordps Justices
        here the ninth day of Aprill next, that so his Lordps Justices being
        fully informed of the truth of the prmisses may doe therein as to
        Justice appertaineth

        ffeb: 25th 1677.
       Edward Ball itt is ordered by the Court by consent of Rob
           agt bert Carvile Attorney for the plaintiffe & Robert
     Richd Brightwell  Ridgely Attorney for Bernard Johnson Cooper of
                    Calvert County, that the said Bernard Johnson be
        admitted defendt who shall forthwith appeare by his Attorney afore
        said, & receive a declaracon & shall plead thereunto the generall issue
        as of this Court And att the tryall thereupon to be had, the said
        Bernard shall appeare in his proper person or by his Councel or At
        torney, & shall confesse lease entry & Ejectmt or in default thereof
        Judgemt shall be entred thereupon agt the said Richard Brightwell
        the casuall Ejector But further prosecucon shall be stayed agt him
        untill he shall make default in any the prmisses And itt is further
        ordered by this Court by consent aforesaid that the said Bernard
        shall not take any advantage agt the plaintiffe for not presecuteing
        his tryall occasioned by such default But that the said Bernard John
        son shall pay unto the plaintiffe such costs as shall be by this Court
        taxed for the same And itt is further ordered that the lessor to the