COMPTON v. SUSQUEHANNA R. R -3 BLAND. 389

made use of by the company is onh required in some few particu
larly specified cases In the taking of an inquisition undei this
and similar btatuton provisions, it must appeal, that the authority

Ferguson, and John Morgan, honest and lawful men of the vicinage who
upon their oaths do say, that ten acres of land lying on the east side of the
run of Saint Mary's River, being the place where formerly Thomas Waughop
had built a water mill, is part of a tract of land now in the possession of acei-
tain Charles King, whose name and contents they know not is to the damage
of the said Charles King the sum of twenty shillings current money of the
Province, and is of the yearly, value of twelve pence, like current money
and the ten acres of land lying on the west side of the run aforesaid, is part
of his Lordship small manor and is to the damage of his Lordship, the Right
Honorable the Lord Proprietary of this Province, the sum of twenty shil-
lings current money of this Province and of the yearly value of twelve
pence, like current money

In witness whereof as well the Sheriff of the County of Saint Mary's
aforesaid as the jurors by whom this inquisition was taken have hereunto
affixed their seals this thirtieth day of August, in the year of our Lord one
thousand seven hundred twenty and three

(Signed) RICHARD HOPEWELL Sheriff, &c &c
Maryland Saint Mary s County st

At the request of Peter Pressly, of the Colony of Virginia gentleman
in the presence of the sheriff and a jury of the vicinage, I have laid out
twenty acres of land, viz ten acres on each side of the mam frebh run of
Saint Mary s River it being the place where formerly stood a mill belonging
to Thomas Waughop of Saint Mary s County, gentleman The ten acres,
on the east side of the said run being part of a tract of land now in posses
sion of Mr Charles King, of the said county, the said ten acres being thus
bounded, beginning at a Spanish oak marked with six notches, standing on
the east side of the said i un and running thence north fifty eight degrees,
east forty perches north twenty eight degrees, west forty perches south
fifty eight degrees west forty perches then by a straight line to the first
beginning And the ten acres on the west side of the aforesaid run, being
part of his Lordship s mill manor and heretofore taken up for the use of
the said mill by the said Thomas "Waughop, and bounded as follows begin-
ning by the run on the west bide of the same, opposite to the end of the last
line of the foimer ten acres, and running thence south fifty eight degrees,
west forty perches then south twenty eight degrees east forty perches then
north fifty eight degrees east forty perches then with a straight line to the
beginning Surveyed the 30th day of August, 1723,
Chancery Proceedings, lib No 3 fol 1053 Per me LAWRENCE LANT

The above proceedings were had under the Act of 1704, ch 16, which in
its preamble among other things, stated, that " as the most part of the places
fit for setting up water mills, are already in the hands of persons uader age,
or unable to be at the charge of building a water mill, or else such as are
wilfully obstinate in forbidding and hindering such persons as would pur-
chase the said places fit for building water-mills, and set them up, to the
increase of our trade and navigation, much to the public damage of this
Province " And then enacts, that any person may acquire a title to a mill-
site as therein prescribed and gives the form of the writ of ad quod damnum
under which such proceedings were to be had But this Act except its sixth
and seventh sections, was repealed by the Act of 1766, ch 10, with a saving
of the rights of those who had previously taken out writs of ad quod damnum