USA > Delaware > Sussex County > Some records of Sussex County, Delaware > Part 9
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An Action of the Case. John vines Plt, Peter Groundyk deft. Refered at the Request of the deft untill the next Court.
William ffootcher Plt, John King deft. Wittneses Peter Groundyk Corn verhoofe will Taylor Capt Avery Capt [Cantreel?] John Crew Robt Hignet Robt Bracey Senr Rich bundon. The Plt declare that the deft did Agree to Convey unto the Plt the three hundred Acres of Land that the Plt now live upon And that he had satisfied the deft for the same; the Cause was Left to A Jurey and After being pleaded to on both sides and the wittneses sworen and excamined; the Jurey went out and brought in there verdict; that they finde for the Plt with Cost of suit; the Court passe Judgment According to the verdict of the Jurey Alias Execution. Execution given out the 2th Eleventh Moneth 1682. Jurey men nortton Claypoole Alex- ander Draper Samwell Gray Halmainas Wiltbank Rich Lawes Henry Stracher William Carter Anthony Hamen Will Kening Georg Young Hen Bowman John Depree.
John King Plt, Will footcher deft wittnes Arin Biship Robert Hignett. The Plt declare that Elias Hartle did give unto the Plt Mother & hur heires A Cow and Calfe with there encrease for a stock for the Plts Mother and hur heires; And that the deft have Long sence possessed himselfe with foure Cows being of the encrease of the said Cow and Calfe; the Cause was Left to A Jurey *
* verdict that they finde for the deft with Cost of suit * Jurey men nortton Claypoole Alexander draper Samll Gray Halmainas wiltbank Rich Lawes Hen Stracher Will Carter Anthony Hamen will Kening Georg Young Henry Bawman [sic] John depree.
An Action of the Case. William footcher Plt, John King deft; "with drawen."
An Action of the Case. Alexander Draper Plt, John Dickerson deft; "with drawen."
An Action of the Case. John Crew Plt, John Johnson Junr deft; "with drawen."
Whare As William Clark did buy of Capt John Osborne of Sum- ersett County in the provience of Mary Land An negor man Called
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SOME RECORDS OF. SUSSEX COUNTY.
or knowen by the name of black Will for and during his natrill Life; Never the Less the said William Clark doe for the Incourigment of the sd neagor servant hereby promise Covenant and Agree; that if the said Black Will doe and shall well and Truely sarve the said Will- iam Clark his Executors Administrators or Assignes five years from the Twentieth day of May Last past; that then the said Black Will shall be Clear and free of and from Any further or Longer sarvicetive or slavery; After he have sarved the said five years As A for said as wittnes my hand this Thurteenth day of the Moneth Called June Anno; Dm; 1682;
Signed, Test. LUKE WATTSON
WM: CLARK. his mark JOHN K. KIPHAVEN
The Court Grant Samwell Jones three hundred Acres of Land; wart Given out 19th Inst.
* * * unto John Booth, five hundred acres; wart 19th Insint.
* * * unto ffrancis Bateson five hundred acres; wart 14th 4 mo, 1682.
* unto Mathew osborne, 300 acres; wart 24th Insint.
* unto John Barnett, 300 acres; wart 9th 2 mo, 1683.
* unto ffrancis Williams, 400 acres; wart 31th 5 mo, 1682.
* unto Robert Richards, 400 acres; wart 31th 5 mo, 1682. * unto Thomas Grimdyk and francis Henry, 500 acres; * wart 12th 6 mo, 1682.
Peter Groundyk peticon the Court that he may have the Cause That was this day Tryd betwene Henry Stracher Ant this peticoner; to be Tryd in Equiety the next Court by bill and Answer As is use in the Court of Chancrey in England which the Court would A per- swaded him to A dissisted in it; and rest himselfe satisfied in what was allready done; but through his perswading the Court Grant the peticoner his request; provided that the proceeding be put in in due time According to Law.
John Crew as Atturney to John Savidge did this day Accknowlidg A deede of Conveyance And Patton of six hundred Acres of Land unto John Depree in open Court; to have and to hold unto the said John depree and to his heires and Assignes for ever.
Parrit the Indian Shackamacker doe Accknowlidg in open Court that he have sold unto Henry Bowman the Indian right of the Thou- sand Acres of Land that the said Henry Bowman purchised of John Depree Lyeing on the neck of Land Betwene Slater Branch and Ceeder Creeke for which he Accknowlidge to have received full satisfacon for the same.
Parrit the Indian Shackamacker doe Accknowlidg in open Court that he have sold unto Henry Bowman the Indian right of the seaven hundred Acres of Land that was Lately in differance Betwene the said Henry Bowman and Alexander Draper Lyeing betwene the Land of the said Alexander Draper; and the Land that the said Henry Bowman Bought of John Depree; for which he Accknowlidg to have received full satisfacon for the same.
Henry Stracher doe Except of A Cow at six hundred Twenty five pounds of Tobacco; which sd Cow was not Long sence taken upon Execution from the said Henry Stracher at the suit of Peter Groundyk.
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COURT RECORDS.
The Court Grant unto Thomas Silby six hundred Acres of Land; wart given out 19th 4 mo, 1682; another wart Given oute ye 26th 12 mo, 1685 the first being lost.
The Court order Alexander Moulston to Receive of Peter Groundyk Twenty one Shilling in three Causes that he was Cast in this Court; being for the Jurey feese.
The Court order Alexander Moulston to receive of John King six- teene shilling for the Jurey feese in the Cause he was Cast in this Court.
The Court order Bapties Newcomb to pay unto Nortton Claypoole forman of the Jurey Twelve Shillings for the Jurey feese in the Cause that he was Plt in this Court.
The Court order William footcher to pay unto Nortton Claypoole forman of the Jurey Eighte Shillings for the Jureys feese in the Cause that he was Plt in this Court.
The Court Grant unto John Smith Two hundred Acres of Land; warrant Given out the 11th 6 mo, 1682.
The Court is Ad Jurned untill the second Tusday of September
Test WM; CLARK JJ C1. next ensueing.
SEPTEMBER 12th, 13th, 1682.
Att A Court Held at Deale for the Towne And County of Deale By the Kings Authority the 12th and 13th days of the Moneth Called September Anno; Dm; 1682; Commisconers present: Luke Wattson John Roades John Kiphaven William Clark.
An Action of debt. Capt Marton Creagor Plt, Anthony Hamen Alias Haverla deft. [Refered from Court to Court beginning with December. Now,-"the Plt not Appearing by him selfe or by his Atturney to prosecute his suit" the Court grant "An non suit Agt the Plt with cost. * *
An Action of the Case. William Clark Plt Daniell Browne Estate in the Plts hands deft. [From the March Court-"And at September Court the Cause was refered untill Novmber Court to see if the deft would Com and make defence in the said Cause."]
An Action of the Case. John vines Plt, Peter Groundyk deft. [Refered from June Court * * * "Att Septemb Court the deft produced An order from the Comander in Cheife and Councell to stop the proceedings Agt the deft; which the Court submitted to."]
An Action of Debt. Nortton Claypoole Plt Henry Bowman deft. Witnes Jo Hill; [* * * "the deft not being here the Court refere the Cause untill the next Court."}
An Action of Traspase. William Kening Plt Robert Bracey senr deft. wittnes Capt Avery Corn verhoof Baptis newcomb Hen Stracher John oakey, sepene. The Plt declare that the deft Caused part of the Plts Land to be surveyed for his owne use and Cutt and marke severall of the Plts trees; the Cause was put to a Jurey; the Plt prove by the oath of Cornelis verhoofe that the deft had as he thought sur- veyed part of the Plts Land *
* * the Jurey * * finde for the Plt with one shilling damag and Cost of suit *
* *. Jurey men Norton Claypoole Will footcher Alex Draper Geo Young Antho Hamen Rich Patte Roger Gum John Depree Hen Stracher Rich Lawes John Smith Bryt Rowles sworen.
An Action of Traspase. Georg Young Plt, ffrancis Williams deft. wittnes Rich Shoulter Stephen Whetman Anthony Parsley, Sepene
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SOME RECORDS OF SUSSEX COUNTY.
The Plt declare that the deft Cutt sold and distroyd his Tmber on A parcell of Land of the Plt Lyeing Betwene Rehower bay and the Indian River; the deft pleads that the Land is William Burton and John Baggwell whoe sett him at work on the said Land; And Craved A referance untill the next Court to prove the same; which the Court Granted.
An Action of the Case. John Kurk Plt Halm Wiltbanck deft. With drawen by order of the Plts Atturney.
An Action of the Case. William Beaverly Plt. William Davids deft. wittnes Rob Williams James Hews, sepened. The Plt declare that the deft did in the night time sease upon his person and bind him with Cords, and doe other harmes to his body in the plt hired house; the deft did Confess that he did binde the plt; the Cause was put to A Jurey which after being pleaded unto by the plt and the deft the Jurey went out and brought in there verdit that they finde for the plt and give him Twelve pence damiag and Cost of suit the Court pass Judgmt Accordingly Alias Execution. Jurey men Nor Clay- poole Will footcher Alex draper Geo Young Ant Hamen Rich patte John Smith Roger Gum John depree Hen Stracher Rich Lawes Bry Rowles sworen.
An Action of the Case. Thomas Rogers Plt, John Barnett deft. The Plt declare that the deft stands Indebted unto him one new pair of men franch fall shoes which the deft owne; and therefor the Court passe Judgment for the plt Agt the deft for one pair of shoes as A for said with Cost of suit Alias Execution.
An Action of defamacon. Cornelis Johnson Plt Barnwell Jackson deft; "with drawen.
Samwell Showell Plt, Richard Lawes deft; "with drawen."
An Action of Debt. John Beaman Plt, William Bourne dett. The Plt declare by his Atturney Capt John Brigs that the deft stands Justly Indebted unto him in Ten Thousand pounds of Tobacco Con- ditconed for the payment of five Thousand pounds of Tobacco on demand; the deft pleads that he was A prisoner at the suit of the Plt when he passed the bill and that he did signe it to get his Libirty; not that he was so much Indebted unto the Plt; And that he did give the Plt order to receive more Tobacco that is due to the deft in Mary Land then the five Thousand pounds Com to; and Craves A referance untill the next Court to prove the same; upon which the Court Granted the deft a Referance untill the next Court.
An Action of debt. Nichols Greenbury Plt, William Bourne deft; [similar to preceding case, with Capt John Brigs "Atturney"].
An Action of Traspase. John Bellamey Plt, Henry Smith Junr deft; Wittnes Sepene, Henry Skidemore. The Plt declared that the deft did Cart and Carrie a way a bout A Cart Load of Clap boord of from the Plt Land Lying in prince Hook neck and did hinder and obstroct his Carpender from proceeding in his work; the deft pleads that the Land is his father and that what he did was by his fathers order; the deft haveing had but a short time to prove his father tittle to the sd Land sence he was A rested Craves A Referance untill the next Court wch the Plt Consented unto.
An Action of Traspase. John Bellamey Plt, Luke wattson senr deft; wittnes, sepene, Henry Skidemore. The Plt declare that the deft did hinder obstroct and mollest his Carpender by for warning
T
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COURT RECORDS.
him from working on the Plts Land at prince hook neck and by falling of Trees on the Carpenders work; the deft pleads that the Land is his fathers Capt Henry Smiths* and that what he did was by the said Capt Smiths order; and the Plt and deft Agree to refer the triall untill the next Court.
An Action of debt. William Allen Plt, John Gibson deft.
Thomas Moulston Peticoner Agt William Beaverly ; "with
drawen.'
William Bourne peticoner, Agt Nichols & Sarah Bartlett. ["Nichols Bartlett hur husband."]
The Court fine John vines shreife fifty pounds of Tobacco for smoking in the Court.
Cornelis Johnson peticon that the four hundred Acres of Land surveyed Lately for the said Cornelis Johnson Called White oak neck may be returned in the Certivecate of survey in the name of Richard Patte he haveing Given him A Consideracon for the same; which the Court Grant and this order of Court shall be A sufficient warrant for the surveyors soe doeing.
The Court Grant unto John Roades the peece of wast Land that Joynes to the new forrise being about one hundred and Twenty Acres & to be surveyed into the same. Wart given out 10th 7 mo, 82.
The Court Grant unto Josep Thorne three hundred Acres of Land; wart. 21th Insint.
Halmainas Wiltbanck Acknowlidge in open Court A patton and Conveyance of A Certaine parcell of Land Called by the name of Wilt [Witt?] Bay; Lyeing on the north side of the greate Creeke; Con- tayning Eight hundred Acres of Land; unto John Kurk his heires and Assignes for ever; and doe promise and Ingage to give the said John Kurk or his Assignes Quit and peaceable possession of the said Land and premisses by the Last day of october now next ensueinge the date hereof.
Ann Newcomb the Late wife of John Hagester deceased did this day proveth in Court the Last will and Testament of the said John Hagester deceased; of which said will she the said Ann is made sole Exceterce; and Letters of Administracon are by the Court Granted unto Baptis Newcomb and Ann his wife.
The Court Grant unto Baptis Newcomb A peece of wast Land Lyeing Adjoyning to the Land he now Live upon; Being about the Quantety of ffortye or ffifty Acres of Land.
The Court Grant unto John Hagester sun of John Hagester de- ceased three hundred Acres of Land; warrant given out the 6th 11 mo, 1682.
The Court order and Appoint Edward Southrin, George young, Henry Stracher & William Emitt to Apprize the Estate debts Goods and Chattels that John Hagester deceased was possessed with Just befor his death; And to Give in An Inventory there of under there hands unto the Clark of the Court; Betwene this and the next Court; An Account of the sd Estate debts goods & Chattells Baptis Newcomb and Ann his wife swore to give unto the Apprazer to the best of there knowlidge.
* When this case is called-at Court 9, 10, 11th, 11 mo, p. 93 of the Record Book -"the deft pleads that the Land is his father in Law Henry Smith" etc. a non suit was entered, etc.
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SOME RECORDS OF SUSSEX COUNTY.
Edward Southrin Ingage to the Court to be Bound with Baptis that he the said Bapties Newcomb and Ann his wife shall give in A true Inventory of the Estate debts goods and Chattels that John Hagester deceased was possessed with at the time or Just befor his death: And to perform all such things as belong to Administrator to doe and performe According to Law.
The Court Grant unto John Hill the wast Land that Lye Betwene the Land that he purchased of Simon Parling; And Thomas Haward Land that he now Live on; Being on the north side of the greate Creeke; to be surveyed into the Land that he bought of the said Simon Parling which sd wast Land is Judged to be a bout sixty or seaventy Acres; more or Lesse.
Edward Boodle Caused John oakey to be sumance by way of searafacous * * * [debt of Tobacco].
The Court Grant unto Anthony Parsley three hundred Acres of Land; warrant given out the 2th 8 mo, 1682; the other warrt being lost another Granted the 19th 11 mo, 1686.
The Court Grant unto Thomas Grimdyk 250 acres of Land to be Added to his former Grant; wart 21th Insint.
The Court order Robert Bracey to pay unto William Clark for the Jurey fees In the Cause that he was Cast in this Court at the suit of William Kening three and Twenty Shillings; and to Alexander Moulston thurteene shillings.
The Court order William Davids to pay unto William Clark for the Jureys feese In the Cause that he was Cast in this Court at the suit of Willm Beverly foure and Twenty Shillings; and to Alexander Moulston Twelve Shillings.
The Court Grant unto John Pye 300 Acres; wart 21th Insint.
The Court order that from this day forward all declaracons shall be fild in the Clarks office Eighte days befor the Court According to the Law of this Goverment; notwithstanding Any former order of Court made to the Contrary.
The Court Adjurne untill the second Tusday of next novmber 1682. Test WM. CLARK.
WM. CLARK LUKE WATTSON JOHN ROADES JOHN AVREY HAL- MAINAS WILTBANCK & ALEXANDER MOULSTON :- These are to desire you to Meet me next Thursday soe Called at the Towne of New Castle Being the second Novmber; where I Intend to hold a Generall Court for the settling the Jurisdiction of these and your parts in which you will oblidge
Your Loveing friend Signed WM. PENN.
UPLAND, the 29th 8ber, 1682.
If there be any persons of note or others that desier to be present they may Com freely with you are desired to Comunicate. W. P.
AUGUST 24th, 1682.
Know yee that James Duke of York Earle of Ulster &c. did by one deed of fiffiment dated the 24th of August 1682; pass and Convey unto William Penn Esquire Son and Heire of Sr William Penn de- ceased Proprietary and Governor of Pensilvania &c. And his Heires
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COURT RECORDS.
ยท!
and Assignes forever from Twelve Miles southwards of New Castle Upon Dellaware River to Cape Henlopen Together with the powers and Jurisdictions there unto belonging; Resarveing unto him selfe one Moyety of the Rent thereof; where by the said William Penn Es- quire Becometh Also Proprietary and Governor of the before Men- ticoned Tract of Land.
NOVEMBER 7th, 1682.
WILLIAM PENN ESQUIRE PROPRIETARY & GOVERNOR OF PENSIL- VANIA NEW CASTLE ST JAMES WHOORE KILLS ALS NEW DEALE WITH THEIR PROPER LIBERTYS :-
I doe in the Kings name hereby Constiute [sic] & Authorize you Luke Wattson William Clark John Roades John Avrey and Hal- mainas Wiltbanck or any three of you to be Justices of the peace And Court of Judicature for the County of Whore Kills Als New Deal; to Act in the said Imployment and Trust for the preservation of the peace and Justices of the provience; Hereby willing and Charg- ing all persons within the said Limitts to take notice hereof; And Accordingly to yeild you all due and Just obedience in the discharge of your said Trust, And this Comicon to be of force for the space of one whole year from the date hereof; or untill further order; Given under my hand and seal In New Castle this 7th day of Novmb 1682;
WM. PENN.
To My Loveing ffriends; Luke Wattson; Wm. Clark; John Roades; John Avery; Malmainas [sic] Wiltbanck.
NOVEMBER 14th, 1682.
Wee Luke Wattson William Clark John Roades John Avery & Halmains Wiltbanck Being by William Penn proprietary and Governor of Pensilvania & Territories there unto belonging Constiuted And Authorized to be Justices of the peace And A Court of Judicature for the County of Sessex to Act in the said Imployment And Trust for the preservation of the peace and Justices of the County In Pur- suance of our said Comission According to Law; Doe hereby In the presence of God declare And solemonly promise by the help of God to be Just and true to him in Managing and performing our said trust and faithfully discharge the same in obedience to our said Comission; And Act therein According to the best of our understandings wittnes our hands and seals this forteenth day of Novmber 1682; Wittnesses present LUKE WATTSON (sealed)
EDWARD SOUTHRIN
JOHN ROADES (sealed)
WM; CLARK
HALM WILTBANCK (sealed)
JOHN HILL
HENRY STRECTHER
After the Justices had signed as above on the 14th day of the 9 mo; 1682; they AdJurned the Court untill the 9th 11 mo; 1682.
DECEMBER 25th, 1682.
WM: PENN PROPRIETARY & GOVERNOR OF PENNSILVANIA & TER- RITORYS THEIR UNTO BELONGING.
By Virtue of the Authority derived unto me I doe hereby In the Kings name Constitute Appoint & Authorize you William Darvall Luke Wattson Norton Claypoole John Roades Edward Southrin
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SOME RECORDS OF SUSSEX COUNTY.
Robert Hart and John Kiphaven to be Justices of the Peace in the Jurisdiction of the County of the Whore Kills which my will and pleasure is shall from hence forth be Called by the name of Sussex the Extent whereof shall be from the maine branch of Mispillon Creek Called the three Runs northwards; And southwards to Ase- womet Inlet; Reputed And Accounted Cape Henlopen which said Cape Henlopen I will from hence forward have Called by the name of Cape James; And you or any four of you to be a Court of Judi- cature; Giving you & Every of you full power to Act in the said office According to Law and the Trust Reposed in you; of which all persons are to take notice and to give you the due Respect and obedi- ence Belonging to your places in the discharging of your duties this Comission to be of force for the space of one year After the date hereof or untill further order; Given under my hand and seal at Chester the 25th day of the 10 mo; 1682; Being the second year of my Govern- ment.
Signed WM. PENN.
JANUARY 9th, 1682. .
Wee William Darvall Luke Wattson Norton Claypoole John Roades Edward Southrin Robert Hart & John Kiphaven; Being by William Penn Esquire proprietary And Governor of Pensilvania and Ter- ritories there unto belonging Constituted And Authorized to be Justices of the peace And A Court of Judicature for the County of Sessex to Act in the same Imployment and Trust for the preservation of the peace and Justices of the County In persueance of our said Comission According to Law; wee doe hereby in the presence of God declare that wee freely Accknowlidg the said William Penn to be our Rightfull proprietary and Governor; And doe solemonly promise by the help of God to be Just and true to him in Managing and per- forming our said trust and faithfully discharge the same in obediance to our said Comission And Act there in According to the best of our understandings; And if wee shall wittingly or willingly Act or doe any thing Contrary to Law or fidellity to our proprietary & the trust Reposed in us by him; wee doe hereby oblidg our selves to suffer and undergoe the same fine or ponishment that the matter shall in Law desarve as if wee had Activfly taken an oath; In wittnes whereof wee have hereunto sett our hands and seals the ninth day of the Eleaventh Moneth Anno; Dm; 1682.
WILLIAM DARVALL (sealed)
LUKE WATTSON (sealed)
Signed by - JOHN RHOADES (sealed)
EDWARD SOUTHRIN (sealed) ROBERT HART (sealed)
JOHN KIPHAVEN (sealed)
Sealed signed & delivered
in the presence of
WM. CLARK JOHN HILL.
DECEMBER 25th, 1682.
To MY LOVEING FFRIENDS WILLIAM DARVALL LUKE WATTSON NORTON CLAYPOOLE JOHN ROADES EDWARD SOUTHRIN ROBERT HART & JOHN KIPHAVEN JUSTICES OF THE PEACE FOR THE
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COURT RECORDS.
COUNTY OF SESSEX THESE FFRIENDS :- Sence it hath pleased God to put the Govermt of the west side of Dellaware River and Bay into my hands; I Cannot but in good Concience Endeavor to promote Justices and Rightousness Among the Inhabitents thereof Knowing that he who is the Judg of quick and dead will Remember us for god if wee forget not him; And that A Goverment Laid and Begun by the Line of Equity and true Judgment; will not faile of prosperity; I therefor most Earnestly Recommend to you who are the Ministers of Justice for the County you Live in; Vigilancy and ffidelity, that you may neither neglect nor pervert Justice; And in order there unto That you keepe your Courts with Constancy and Gravity; and that you have your Eare open to hear all as well the poore as the Rich; And In all Cases to Judge According to the Truth of the Evidence; without fear favour Affection or Reward; That God may Bless you and the people Blesse you; which seldom faileth to be the Reward of wise Just and vertuous Magistrates; I doe Also think fitt that An Exact Catalogue be Returned to me of the names of all the people of your County; Masters Mistresses servants parents Chil- dren; Also the Number of Acres Each ffreeholder hath; And by whom and when Granted; All in distinct Columons; with a Mark on Non resident that have Claims; And if any disputes should Arise About titles of Land; they must be determined According to the Rules and orders that the Court of your County has Limited & pre- scribed for the seating and Improveing of Land; And soe I bid you all hartily farewell Given at Chester the 25th 10 mo; 1682; In the second year of my Government. Signed WM. PENN. BY THE PROPRIETARY & GOVERNOR OF PENSILVANIA & THE TERRITORYS THEREUNTO BELONGING :-
Haveing Duely Considered the present state of your County; to the End that all obstructions to the due Improvement theirof may be Removed; And Reasonable Encouragement Given to Invite planters to settle Amongst you; I doe think fitt to order and Appoint as fol- lows; ffirst that you in open Court shall Receive all peticons from time to time that may be made; by such persons as designe to take up Land Among you; and that you Grant them a Warrant to the surveyor to Ad measure the same; provided all ways that you Exceed not three hundred Acres of Land to A Master of A family nor A hun- dred Acres to A single person; At one single penny # Acre; or vallue thereof in the produce of the Country which done that the surveyor make his Returne Into Court; And that the Court make theire Re- turne unto my secritary's office;
Secondly and because no Land shall Lye wast to the prejudice of new planters; All Lands formerly Granted and not taken up & settled within the time Limitted by the Methods of your own Court; that Granted them; shall be Accounted vacant Land and disposeable upon the termes Aforsaid; the old Claymt or pretender to have the preferance if not allrady seated owner of Above three hundred Acres; Unless allrady seated by some other person;
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