440 THE COUNTIES OF MARYLAND
II. Be it therefore enacted, that for fixing and ascertaining the said divi-
sional line, the following persons be and are empowered to act as commis-
sioners, viz .... which said commissioners or the major part of them, shall
and are hereby authorized and required to meet at some place near the
borders of said counties, and call before them, by summons to be issued by
them, and directed to the sheriff of the County, all persons who may be
deemed proper to give testimony concerning the ancient and reputed divisions
of said counties; and the said commissioners, or the major part of them, are
also hereby empowered to search the records of the general court, or any
county court, for testimonials, to ascertain the division line aforesaid, ....
and the said commissioners, or the major part of them shall and they are
hereby required to return their proceedings, together with the proofs whereon
the same may be founded, to the next general assembly for their approbation,
and that the same division, if found reasonable, may be there ratified and
confirmed.
The commission appointed by this Act reported to the succeeding
Legislature and were by it appointed commissioners to establish the
divisional lines between the said counties. At this time they were
instructed to begin
" at the mouth of the creek on the western side of the Chesapeake Bay,
called and known by the name of Muddy Creek, lying and being on the south
side of the land now owned and occupied by Samuel Owings, thence by and
with the said creek to the head thereof, thence in a straight line to a chestnut
tree on the south edge of Hall's Creek branch, marked with a black letter P.
on the plain black line shaded yellow and green on the Plats laid down by
the said commissioners under the authority of an act of the last session,
thence to Q. at the south end of the line forming the eastern limit of the
tract called Maidstone, thence with said line of Maidstone to the end thereof,
and thence in the same direction until it strikes Lyons Creek, thence down
the said creek to the river Patuxent."
This act was passed February 24, 1824, and constitutes Chapter 183 of
the Laws of 1823. By it the commissioners were ordered to make out
two plats with explanations which should plainly set forth and describe
the beginning and end of each and every course, and show every boundary
stone established. A copy of the plat and explanations was to be filed
among the land records of each county.
Even these explicit directions seem to have given occasion for question
regarding their construction so that during the December session of 1824
a supplemental act was introduced to explain that the terms Muddy or
Eed Lyon's Creek of 1823 meant the same as South or Muddy Creek
|
|