MARYLAND COURT OF APPEALS 455

Smithson of Talbott County and Thomas Smithson of Dorchester County
have informed his Lordship and Councill that the Said Land was Surveyed
upon no Lawfull Warrant that no patent hath issued to the Said Seward for
them who hath been absent out of [654] this province above Seven years and
that his Lordship rent was never paid for the Same and for as muchas the
Said Smithson of Talbot and the Said Smithson of Dorchester have humbly
Suplicated his Lordship and Councill to grant them a Special Warrant to
Take up the Said Land again to their own proper use and behoof paying
his Lordship According to the Condition of Plantations now in force where-
upon it was by his Lordship and Councill ordered that Special Warrant
Should issue for the Laying the Severall Tracts of Land Mentioned According
to the Ancient meets and Bounds in the former Surveys mentioned Provided
the allegations laid in the Said Petition appear to be true that no Lawfull
Warrant hath already issued for the Same and to be Certified to his Lord-
ship and Councill with all Convenient Speed for their further Consideration
and answer to the Said Petitioners request. Lay out therefore and carefully
resurvey the af^d three Severall Tracts or parcells of Land According to their
Ancient Meets and Bounds not running the lines within the Lines of any
mans Land of more Ancient Survey nor into Lands reserved for his Lord-
ships use and return your Certificate of Such resurvey with fair plotts of the
a£^t three parcell of Land unto his Lordship and Councill at the City of S¹
Marys with all Convenient Speed and for So doing this Shall be your War-
rant Given under the Lesser Seale of the province this 26^th Day of February
in the Ninth year of his Lordships Dominion etc. Annoque Dom 1683/4
Nich^o Sewall John Darnall. To the Honourable George Talbott Esq^r
Seveyor Generall or Deputy These. Which Warrant being issued his Lord-
ships officers refused to grant the Said W^m a Patent for his Lands af^d Untill the
right thereto Should be Determined but granted the Said Smithson of Tal-
bott County who Survived the other of that name a Patent for the Land
Called Sectar as it appears recorded in his Said Lordships Land office Lib"
C: C: N^o 4. page 89 Dated the first day of October Anno Dom 1698 as also
a patent for the Land Called Cumberlake as it appears recorded in the Land
Records of the Province Lib: W: D: page 222 dated the 7^th day of May anno
Dom 1700 without having the allegations of the Said Petition proved or ever
Calling the Said William to Shew any Cause to the Contrary Altho your Ora-
tors can fairly make it appear that the Said Lands were Surveyed by a Lawfull
Warrant and that the Warrant was paid for That your Orator hope it Suffi-
ciently appears that the Said Special Warrant was issued Contrary to his
Lordship's Designe and the Intent of the order of Councill whereon 'twas
Supposed to be founded being issued without regard had to the Proviso or
Conditions whereon 'twas granted To Witt that the Allegations of the Said
Petitioners Should be made appear and Altho your Orators can fairly make
appear the falsity of those allegations on which the Said warrant was issued