Provincial Court Proceedings, 1677/8.     371

          Afterwards to witt the three & twentieth day of ffebruary a fore- Liber N N
         said in the yeare aforesaid Robert Ridgely Attorney for the plain
         tiffe moved to the Court here, that whereas the aforegoing order
         of this Court in this cause of the Eighth day of October last past
         was by Robert Carvile Attorney for the Defendts in the absence of
         the plaintiffe & his said Attorney surreptitiously obtained, so that
         by the said order the said plaintiffe in a reall action was concluded
         unheard contrary to Law And the said Robert Ridgely prayed that
         the said order & the aforegoing Survey thereupon returned bee sett
         aside, & a new Survey awarded for the Resurvey of the said parcell
         of land called Naseworthys Choice according 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 At
         torneys being by this Court fully heard, & upon due & mature con
         sideracon of the prmisses had & taken by his Lopps Justices here
         prset this Court doe adjudge the said former order to be sur
         reptitiously obtained by the Defendts And that all the proceedings
         thereon be null & void to all intents & purposes whatsoever, And
         further doe order, that Mr ffrancis Jenckins Deputy Surveyr of
         Somrsett County be & is hereby especially appointed & comanded to
         lay out the aforesaid one thousand acres of land called Naseworthys
         Choice according to the ancient bounds thereof specified in Nase
         worthys 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 prsece of
         the Sheriffe of the said County, who is hereby comanded & im
         powered to Sumon & impanell a jury upon the said land who are to
         be duely sworne by the said Sheriffe to direct the said Surveyr accord
         ing 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 pro
         ceedings herein And also a faire Certificate & platt of the meets &
         bounds of the said land called Naseworthys choice under his hand
         & the hands & Seales of the Sheriffe & Jurors aforesaid to his Lopps
         Justices here, the ninth day of April next, that so his Lopps Justices
         being fully informed of the truth of the prmisses may doe therein
         as to Justice appertaineth—On which said ninth day of April the
         aforesaid order was continued untill the Eleventh day of June then
         next ensueing Att which said Eleventh day of June came the said
         Surveyr & made a returne of the said order in these words follow
         ing vizt
         June 1st 1678.
            To the Honble Thomas Notley Esqr Lievt Genll & chiefe Gov
            ernor &c & the rest of the Honble the Justices of the Provinciall
            Court
          By vertue of an Order of the Provinciall Court bearing date the