MARYLAND COURT OF APPEALS 231

Declar'd upon his oath that he was with Charles Boteler then Surveyor at
the first laying out of Essington and carrying the Chain Saw all the trees
bounded but Could Swear to none except the first and Last of them w^cn he
Knew by the remarkable places they Stood in and the Said Hobbs went to
the Said Bounded tree w^ch was a white oak and laid his hand on it and de-
clar'd upon his oath that he bounded the Said tree for the last bounded tree
of Essington or one within ten foot or ten yards of the Same place which he
knew by a Glayd and Some Trees he had markd to know it by again and like-
wise Some mark'd Trees w^ch the Said Hobbs had taken Notice of by the River
Side (to witt) a Doggwood at the root of w^cn grew out an Ivy bush that he
leaned again when Charles Boteler Sent him to See how far the River was
off and at his return he told the Said Boteler that he had Seen the River w^ch
was not far off and Botteler Asking him w^cn way the River runs Hobbs told
him to the Right hand upon w^ch the Said Boteler ordered the Said Hobbs to
bind the afd Tree w^ch he the Said Hobbs did while the Said Boteler made
up his Instruments the Dep^o asking Hobbs upon his oath why Charles Boteler
bounded the last tree So farr from the river Seeing the Certificate Said the
Tree Stood by the River Hobbs Answered that he ask'd Charles Boteler the
Same Question and Boteler Answered him twas no Matter but bid him bind
that Tree for he knew by the banks and the length of the line they had come
down that the Same Course wou'd Soon hitt the River and the Dep^o Asking
Hobbs if Said Boteler did not come again the next day or some few days
after and bounded another tree nearer the River Hobbs answered no for the
s^d Botoler made up his Instruments at the s^d tree and went to his boat and
went home and come no more a Surveying in these parts that year and the
deponent further Declares that he heard the said Hobbs afterwards renew
the Same Words upon his oath before a Jury when M^r Thos Addison was
Survey^r and M^r Tho^B Greenfield Sen^r Sherr. [360] and this Deponent further
Sayth That about twenty years agoe the bounded white oak or one very near
it Sworne to by M^r Clement hill and Abraham Clerk which was bounded
by ord^r of the Jury upon Anderson's resurvey to prove the begining tree of
Amptill Grange for M^r Roger Brooke and at the Same time this Deponent
asked Robert Anderson whether there was any other tree or not bounded
nearer the River for the last tree of Essington that he kew of and he an-
swered no excep^t a bounded white oak to Coll Beall bounded for the Said
Anderson when he laid him out a parcell of land out of the said Essington
upon the Bank Side near Larkin's Weading place and further Saith not
Sworne before us

Tho^s Clagett: Patrick Hepburn

March 5^th 1716

PRINCE GEORGES COUNTY ss. Roger Brooke of the Said County Gent
aged about forty four years being Sworn upon the Holy Evangelists Saith
that he was possess'd of a Tract of Land Called Amptill Grange and dispos'd