450 MARYLAND COURT OF APPEALS

Lay out the af^d Severall Tracts of Land for the then Pet^r bearing date the 26
day of Feb^ry 1683/4. And that in pursuance of Said Warr^t there was no re-
survey made of the Said Two Tracts Called Sector and Camberlake and Duly
returned unto his then Lordships Land office and there Register'd and that
Speedily after the Said Thomas Smithson of Dorchester County Dying And
before Patent Issued the Said Thomas Smithson of Talbot County Applied to
the Land office to have Issue in his own Name but for as Much as that the
Petition af^d Was thus Granted To Witt ordered that Spi Warr^t Should Issue
for the Laying the Severall Tracts of Land above mentioned According to
the Ancient Meets and bounds thereof in the former Surveys mentioned
Provided the Allegations in the Petition appear to be true and that no Law-
full Warrant hath already Issued for the Same and to be Certifyed to his
Lordship and Councill with all Convenient Speed for their further Consid-
eration And that afterw^ds a Sp* Warrant did Issue Which is in these Words
Viz^t Lay out therefore and Carefully Resurvey the af^d three Severall Tracts
of Land According to their Ancient meets and bounds not runing the Lines
Within the Lines of any mans Land of more Antient Survey nor into the
Lands referred for his Lordships use and return your Certificate of Such
Resurvey With fair plotts of the af^a three parcells of Land unto his Lordship
and Councill at the City of S^t Marys with all Convenient Speed and for So
doing this Shall be your Warrant Given under the Lesser Seal of the province
this 26^th Day of Feb^ry in the 9^th year of his Lordships Dominion Anno Dom
1683/4 Signed Nicholas Sewall and John Darnall and thus Directed To Witt
To the Hon^rble George Talbott Esq^r Survey^r Gen^l or his Deputy Thesef.]
which Said Warrant So as af^d Granted and Directed was Duly Executed by
Thomas Pattison Deputy Surveyor of Dorche^r County as to the af^d Two Tracts
of Land Called Sector and Camberlake as by an Authentick Copy of his return
in the hands of Joshua George ready to be produced appears yet that the Said
Thomas Smithson upon Applying to his Lordships Office for Patents Could
not obtain the Same before that Summons Issued ag^t W^m Seward heir of the
Said George Seward requiring him to make his objections before his Lord-
ships Agents thereto which Said Summons was duly Notified to him but the
Said W^m Seward being Conscious to himself he Could not prove the Caution
paid for the S^d Warrant or offer anything that might be of advantage to him
or through Obstinacy refused And Contest his right to the Said Lands if any
he has Whereupon the Said Agents proceeded to hear the Said Smithson
prove his Allegations in the [650] Said Petition Set forth Exparte And they
being Satisfied With the Same Granted him the Said Patents the Said Thomas
Smithson of Dorchester County being Dead w^ch Said Patents are Recorded
in the Land Records lodged in the Secretarys office as by Authentick Copys
thereof ready to be produced may Appear And the Consideration paid there-
from by the Said Thomas Smithson of Talbott County the one Moity of the
Said land Called Sector and Cumberlake Thomas Smithson the Patentee