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the Court by the Consent aforesd that the said Vincent Mansfeild
Shall not take any advantage against the plt for not prosecuteing
upon the Tryall occasioned by such default, but that the said Vincent
Mansfeild shall pay to the plt the Costs by this Court to be Taxed
in this Cause, and Itt is further Ordered that the Lessor to the pn
Shall be Charged with the payment of the Costs to the def If any
bee Adjudged to him
And the said Vincent Mansfeild by Nehemiah Blackiston his At-
torney Cometh and defendeth the force and Injury when &c and
saith that hee is not guilty of the trespas and Ejectment in manner
and forme as wthin Declared and of this hee puts himselfe upon the
Country
Att a Provinciall Court held att st Maryes the Eighteenth day of
ffebruary in the ffifth yeare of the Dominion of Charles Lord Balte-
more &c Annocp Dominj 1679 Before his Lopps Justices thereunto
Assigned
Came Justinian Gerrard by Robert Ridgely his Attorney, & Vin-
cent Mansfeild by Nehemiah Blackistone his Attorney, and this
Cause standing att Issue ready for Tryall this prsent Court, but
because itt appeareth to the Court here that the same is an Accon of
Ejectment and That it is Comenced by the said Justinian as Lessee
to John Coode against Thomas Lomax Casuall ejector and the said
Vincent Mansfeild being named Defendt instead of the Casual
Ejector To try the title to a parcell of Land now in the Tenure and
posession of the said Vincent Mansfeild or his Assignes Containing
one hundred Acres Lyeing in st Maryes County and parcell of
st Clements Mannor: Called Parsimon Pointe, and being now in
Dispute between the said John Coode and Vincent Mansfeild, and
the Court finding it necessary that the due Lines and bounds of the
said parcell of Land bee surveyed and Laid out by some skilfull
person according to the Originall survey thereof by the discression
of the Neighbourhood that are most Knowing thereof, And that a
faire Plott and Certificate thereof bee Returned to the next Provin-
ciall Court Soe that Justice may bee done to both parties, Itt is by
the Court this day Ordred That John Manley gentT, bee and is hereby
Especially appointed impowered and Comanded to Layout the afore-
said parcell of Land according to the Ancient meets and bounds
thereof in the prsence of the sheriffe of st Maryes County aforesaid
who is hereby Comanded & Impowered to sumon and Impannell a
Jury of Twelve good Law full and honest men of the Neighbourhood
to goe upon the said Land, and to sumon and Examine Witnesses
upon oath that the truth of the matter may bee fully Discovered,
And the said John Manley is hereby ordered to runn the Lines
According to the Evidence then to bee given and the direccons of
the Jury, and to Returne a Certificate of his proceedings herein
and a faire Plot of the Lands in Qustion to the next Provinciall
Court to bee held at st Maryes the Eleaventh day of May next
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Liber W. C.
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