[166] And Whereupon the said Henry by Robert Gouldsborough his At-
torney complaineth that whereas the said Richard Cooper the tenth day of
Aprill in the Year of our Lord One thousand Seaven hundred and eight in
Talbot County aforesaid by force and Arms Viz^t by swords and staves the
Close of him the said Henry calld Marshy point he did break and the grass
and herbs there growing being the grass and herbs of him the said Henry
with the feet of his Servants he did tread down and destroy and his fence
Railes of the Vallue of thirty Shillings there being the said Richard did
carry away and other harms to him he did do to the great loss and damage
of him the said Henry against the peace whereupon he saith that he hath
lost and damage hath susteyned to the Vallue of Twenty pounds sterling and
thereupon he brings this Suite etc.

Pledgs etc: Jn^o Doe: Roe.

And the said Richard Cooper by Wornell Hunt his Attorny comes and
defends the force and injury when etc. and prays leave to Imparle here to
untill next Court and he hath it the same day is given to the plantiff also
And for that it seems to the Court here for the better Information of the
premises that that tract or parcel of land aforesaid calld Marshy point
whereon the trespass is Supposed to be comitted by the said Richard Cooper
be carefully [rejsurveyd and laid out According to the Antient meets and
bounds thereof (as in the originall Certificate of Survey thereof is Ex-
pressed) and to the end that the said trespass may more plainly and indif-
ferently appear appear [sic] to the Court and Jury It is Orderd by the Court
here that the Queens Surveyor of Talbot County for the time being or any
other discreet and Skillfull person in his absence to be nominated and ap-
pointed by the said plantiff and Defendant in the presence of the Sheriff of
the said County carefully resurvey and lay out as well the said Land as any
other lands Adjacent there to which shalbe thought necessary by the said plan-
tiff and defendant to be layd out for the better illustration of the matter
according to the claims and pretences of the plantiff in the presence of the
Defendant if he being Summond think fitt to be present and without any In-
teruption of the said defendant and likewise Survey and lay out the same
land as aforesaid according to the claims and pretentions of the Defendant
in presence of the plantiff if he being Sumond think fitt to be present with-
out any interuption of the plantiff and the said Sheriff is hereby empowred
to Examine upon Oath any Witness or Witnesses that by either of the said
party's shalbe produced in relation to the same and [167] same Surveyor is
hereby Comanded to returne two fair platts and certificates thereof drawing
the pretences of the plantiff in black lines and the pretences of the Defend-
ant in prickt lines as well under the hands and Seals of the said Sheriff as the
Surveyor to her Majesty's Justices here at the Court to be held for this our
Province on the first tuesday in September then next that her Majesties Jus-
tices and Jury being righty informed of the truth of the premises may fur-
ther proceed therein as to Justice appertaineth etc.