MARYLAND COURT OF APPEALS 91

to be given in Evidence to the Jury att the Barr; they ought not to have Such
a Power Committed to them which Concerns the Rights and Inheritances
of the Subject without taking an Oath well and truly to Execute Such Power
And they did not take any Oath but Executed the Warrant without taking
any Oath by which they were left to their own Liberty whether they would
do right or Wrong, which is Error.

2 The Said three persons directed the Surveyo^r to lay out the first
Course of the Land called Cumberland that is to Say East South East
180 Perches to the Land Called forti Ventura and the Second Course that is
to Say South South East 112 Perches to the Land Called Cove hall and the
third Course that is to Say South one hundred and Twenty Perches; but
they did not direct the Surveyo^r to lay out the East North East line nor the
rest of the Courses mentioned in the Deci and in the Originall Certificate of
Survey nor have they laid down the Said Courses from the End of the South
line in the platt which they made and Delivered to the Court, but they of
their own heads have from the End of the South line drawn a straight line
to the first bounded tree whereas there is not any Such line mentioned in
the Declaration, nor in the record of the Certificate, and by this Land the
Defendants house is taken in within the Land Called Cumberland whereas
in truth it is not within that Land According to the pits Declaration and
According to the Originall Certificate and they returned a Certificate and a
Platt of that their Survey to the Court who rec^d the Same as resurveyed and
platted according to the pits Declaration and According to the Ancient meets
and Bounds of the Said Land in the Patient and Certificate of Survey thereof
Expressed, and the Same was Given in Evidence as Such to the Jury att the
barr upon the tryall who taking that to be a true Plat According to the Pits
Declaration were induced to find for the pl^t Whereas in truth it was not re-
surveyed and platted According to the Ancient meets and Bounds Men-
tioned in the Certificate and Patient and in the Pl^ts Deci, but was and is a
false Platt and ihe Court and Jury was thereby Deceived and Misguided And
the Jury being deceived was induced to find for the pl^t and the Court gave
Judgm^t accordingly which is a great and Manifest Error.

for all which and Diverse other Errors as well in the Record and Process
as in the rendring of Judgm^t the Def^t prays thai ihe Judgm^t Given ag^t him
in ihe Prov^ll Coun May be Sell aside holden for None and reversed and he
to all lhal he halh lost thereby may be restored

R: Gouldsborrough.

The whole Proceedings aforesaid as also ihe reasons af¹³ being here read
and by ihis Board fully Understood Whereupon it is Considered Ordered
and Decreed by this Board, that the Judgm^t of the Provinciall Court ag^t the
Said Isaack Seserson Given as af^d be affirmed and holden for Good. And thai
Procedendo issue for Costs.

W Bladen Cl Appeales.