of any conditions of plantation whatsoever, and that for
ascertaining the true contents thereof, a warrant of resurvey
may issue directed to such person as his lordship shall please
to appoint, &c."
" In answer to which his lordship declared that he would not
take advantage of the errors committed in the former survey,
so as wholly to vacate the patent, but would allow the
petitioners their quantity of one thousand acres; and therefore
ordered a warrant to issue to lay out the said quantity;
beginning where the first survey began, giving its due breadth
from thence by the water side, according to the conditions in
force at the time of the original survey, with liberty of
including what marsh land may lie contiguous; and that
captain Randolph Brandt, of Charles county, be for the purpose
specially appointed to lay out the same, and the warrant to
be to him directed after being first viewed and signed by his
lordship, and that on return of a certificate, patent of
confirmation issue as prayed.
COUNCIL BOOK C. B. for lands, fol. 74.
" William Thomas, Thomas Atchison, John Douk, Thomas
Morsell and George Usher, all of Kent county, by their
petition, set forth that they are seized and possessed of a tract
or parcel of land in the said county; called
Killingsworthmore, originally surveyed and laid out for Gilbert Clarke,
and after several assignments parcelled out by metes and
bounds to different persons, from whom by conveyances and
devises, it is in several parts become the property of the
petitioners: that upon inspection into their title they find no grant
to have been ever issued for the said land. They therefore
pray a special warrant to resurvey it; and that upon return
of a certificate of resurvey, a patent may issue to them for the
same, agreeably to their respective proportions therein."
LIBER E. E. fol. 82.
The warrant, after directing a resurvey and the return of a
certificate in the usual form, instructs the surveyor to return
also " separate certificates, if required, of each person's
" parts thereof according to their rights, by their deeds of
" bargain and sale or bequest, with how much surplusage and
" vacancy, in order that each may have separate grants," &c.
¾
" Whereas there hath been committed a mistake (as I
suppose) in, the certificate of a parcell of land surveyed by
Mr. Robert Clarke, for one William Pell, which land is now
in the possession of George Saughier, in which certificate
is set down either instead of a line west and by south, west
and by north or else instead of east and by south east and by
north to Pennington's Ponds, which east and by north line
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