Provincial Court Proceedings, 1677/8.    235

        whereas att the said Eighth day of Octobr came Ninian Beale by Liber N N
        Christopher Rousby his Attorney & James Moore by George Parker
        his Attorney, but because itt appeared to the Court here that this
        action of Ejectmt was comenced by the said Ninian Beale as Lessee
        to the said Daniel Cuningham & Bridget his wife agt James Moore
        the casuall Ejector And the said Richard Edwards & Hannah his
        wife being named Defendts instead of the casuall Ejector to try the
        title to one Messuage & two hundred acres of land scituate lying
        & being on the Northern branch of Petuxent River being the North
        part of a tract of land late in the possession of John Pott deceased
        called Mount pleasant & being now in dispute between the said Daniel
        Cuningham & Bridget his wife & the said Richard Edwards & Han
        nah his wife And the Court findeing itt necessary that a faire plott &
        Certificate thereof be returned to the Court, itt is by the Court this
        day ordered that Cha: Boteler Deputy Surveyr be especially appointed p.484
        by this Court & is hereby appointed impowered & comanded to lay
        out the land aforesaid & run out the true lines & sett out their meetes
        & bounds according to the true intent & meaning of the Will of the
        said John Pott And to returne a Certificate of his pceeding herein
        & a faire plott distinctly drawne of the said land in question to the
        next Provinciall Court to be held att St Maryes the fourth day of
        Decembr next attested under his hand, that so his Lordps Justices
        being fully informed of the truth of the prmisses may doe therein
        what to Justice shall appertaine By vertue of which said order
        Charles Boteler Deputy Surveyr went upon the lands in question, &
        returned his proceedings therein in writing under his hand which
        followes in these words vizt Whereas by an order of the Provinciall
        Court I have bin comanded to lay out & run the true lines of two
        hundred acres of land part of a parcell of land called Mount pleasant
        according to the true intent & meaning of the Will of John Pott late
        of Calvert County deceased, & returne Certificate & plott of the same
        to the Provinciall Court These are humbly to Certifie that I Charles
        Boteler Deputy Surveyt under Baker Brooke Esqr Surveyr Genll in
        obedience to the said order of Court did goe upon the said land, but
        could not finde any bounded or lined tree of the same land or other
        known marke to begin the Survey upon, so that the same land I
        could not Resurvey nor the lines thereof runn out as by the said
        order I was comanded. Whereupon & upon mocon made to this
        Court the fourteenth day of ffebruary 1677 by Chr Rousby in the
        prsence of the Attorney for the Defendt Itt is by the Court this day
        ordered, that the said Charles Boteler be & is hereby especially ap
        pointed & comanded to lay out that tract of land which lyes next
        above the land in question formerly Surveyed for John Pott before
        the tract in question was Surveyed, that the bounds of the land in
        question may be found out, to returne a Certificate of his proceed
        ings herein, & also a faire Certificate & plott of the meetes & bounds