610 THE CHANCELLOR'S CASE.

colonists in America;" in which, among other things, the late
extension of the jurisdiction of the vice-admiralty courts, was enu-

Whereupon the committee appointed a time and place for the hearing, of which
they gave notice to the parties personally or by publication; after which and upon
making up their opinion they reported accordingly. But the course of proceeding
before the king in council; the judgment of that tribunal, and its mandate with which
the case was sent back to the colonial court may be better understood by a perusal of
the following extract from the records of the High Court of Chancery of Maryland,
in the case of POWLSON v. FORWOOD.

"Memorandum.—This 22d day of February 1725, his Honour the Chancellor
acknowledges to have received of Mr. Plater by order of his Honour the Governor
copies of several orders of the king and council, to wit, one of the 11th of August
1720; one other of the 30th of April 1724; and one other of the 4th of July 1724;
and ordered the same to be entered in the proceedings of this court to avail so far as
they ought; which orders are in the words following, viz :

"At the Council Chamber,Whitehall, the 11th August 1720, present their excellencies
the Lords Justices, &c. (Here follow the names of the members of the council.)

" Upon reading this day at the board a report from the Right Honourable the Lords
of the committee for hearing appeals and complaints, &c., from the plantations, dated
the 4th of this instant in the words following, viz : Whereas by an order in council of
the 26th instant referring to this committee the humble petition of Jonathan Forwood,
complaining of several unjust proceedings against him, and his agents in the courts
of judicature in the Province of Maryland at the suit of one Gilbert Powlson master
of the ship Dolphin, touching an agreement entered into between them, for the said
Powlson to transport from England to the said Province and to Virginia, one hundred
and thirty-one servants; on account whereof, the petitioner alleges, the said Powlson
has obtained two attachments against his effects there, one of them for one hundred
and sixty pounds which he actually received, and the other for seven hundred pounds
for which he has sold good part of the petitioner's effects in his hands; and humbly
praying to be relieved in the premises.

" Their Lordships this day took the same into consideration, and having heard the
petitioner by his counsel therein, do agree humbly to report their opinion, that upon
Mr, Forwood's giving such security as the Governor and Council of Maryland shall
think sufficient to answer the said Powlson s demands, his goods in specie shall be
restored to him, or, in case they are sold, he shall be paid the money arising from the
sale thereof; and that thereupon the Provincial Court do proceed to hear and deter-
mine the cause or causes with liberty for either party to appeal therefrom.

" Their excellencies the Lords Justices in Council taking the said report into
consideration are pleased to approve thereof, and to order as it is hereby ordered,
that upon Mr. Forwood's giving such security as the Governor and Council of Mary-
land shall think sufficient to answer the said Powlson's demands, his goods in specie
shall be restored to him, or in case they are sold he shall be paid the money arising
from the sale thereof; and that thereupon the Provincial Court do proceed to hear
and determine the cause or causes with liberty for either party to appeal from such
determination; whereof the deputy governor, or commander in chief for the time
being of the Province of Maryland, and all others whom it may concern are to take
notice, and govern themselves accordingly."

" At the court of St. James's, the 30th day of April 1724. Present, the King's most
Excellent Majesty, &c. (here follow the names of the members of the council.)
Upon reading this day at the board a report from the Lords of the committee for
hearing appeals, complaints, &c. from the plantations, &c. (here follows the report