MARYLAND COURT OF APPEALS 103

At Which said next Provinciall Court came the said partys by their
Attornys aforesaid and this cause standing at Issue ready for tryall this pres-
ent Court but because it appeareth to the Court here that this is an Action
of Trespass and Ejectment it is thought Absolutely necessary that the afore-
said Six hundred Acres of land lying in Ann Arundell County on which the
said Trespass is Supposed to be Comitted be carefully resurveyd and laid out
to the end that the land in controversy and the claims and pretentions of
both party's may more plainly and indiffirently appear to the Court and
the Jury It is therefore order'd by the Court here that the King's Surveyor
of the County aforesaid or any other discreet and Skilfull person in his behalf
nominated and appointed by the plantiff and defendant aforesaid in the
presence of the Sherriff of the same County carefully resurvey'd and lay out
as well the said Six hundred Acres of Land in dispute as any other land Ad-
jacent as shalbe thought necessary by the said plantiff and Defendant to be
laid out for the better Illustration of the matter according to the claime and
pretence of the plantiff in presence of the Defendant he having Notice thereof
to be present if to him it shall seem meet without any interuption of the
Defendant and likewise to resurvey and lay out the said land in dispute afore-
said According to the claims and pretensions of the Defendant in presence of
the plantiff if he being Sumoned think fit to be present without any interup-
tion of the plantiff and the said Sheriff is empowred to Examine upon oath
any Witness or Witnesses as by either of the party's should be produced in
relation to the same and the said Surveyor was commanded to returne two
fair Certificates and platts thereof drawing the pretences of the plantiff in
black lines and the pretence[s] of the defendant in prickt lines as well under
the hands and seals of the Sheriff as Surveyour To the Justices here the last
Tuesday of Aprill next that the said Justices and Jury being rightly inform'd
of the truth of the premises may further proceed therein as to Justice apper-
taineth etc.

On which said Tuesday in October One thousand Seaven hundred and
one came again the said partys by their Attornys aforesaid and the Sheriff
and Surveyor made returne to the Court here of their Warrant for Resurvey
of the land aforesaid which followeth in these Words Viz^t
Ann Arund^ll Co^ty ss. Sepf 13^th 1701

By Virtue of A Warrant of resurvey granted unto M^r Joshua Merekin
of this County by the Honoble the Justices of the Provincial Court bearing
date the Seaventeenth day of September 1701 for the resurveying and Acer-
taining Antient meets and bounds of A tract of land lying within this County
and on the North side Ann Arundell River calld Scotland formerly granted
unto John Eason for Six hundred Acres of Land These are therefore humbly
to certify that We have laid out and resurveyed the said Land according to
the said former grant Begining at a Locust [159] Post standing at the head
of A great Marsh calld Home Tavern placed in the stead of A former