438 Proceedings of the Council of Maryland, 1694 97.

        Lib. W. D. The Justices of the Provinciall Court & Lawyers being sent

           350 for came, to whom his Exncy is pleased to put the Question,

              how Matters in the Tryall of Titles of Land shall be Regulat

              ed, Vizt that the Sherriffs & Surveyors may not be objected

              against without some legall Exception, and tht the Lawyers

              would give their Opinion whether the Provinciall Court can

              make a Rule that the Juries summoned & sworn vpon such

              Matters may (after the Runing out of the Land &ca) beconfin

              ed in some particular place & kept together from fire & Can

              dle vntill they have Agree'd of their Verdict, the which to be

              put in Writing vnder their hands & Seals & close sealed vp,

              and delivered vnto the Sherriff of the County in Ordr to be

              given to the Clerk of the Provinciall Court, and not to be

              broke open till the Tryall.

                That the Provinciall Court be Adjourned vntill the last

              Tuseday of September, at the End of which, another Court to

              sit so many days for hearing all Matters of Law.

                       Ordered that the Rt honoble the Lords of the Com

              Queries to the Attor- mittee of Trade & forraign Plantations be humbly

              neys how supplicated that they would please to give directions

              Attaints may be brought how Attaints may be brought agt Juries in this

             agt Juries     Countrey and if to be done, by what Rule they may

                     be brought.

                How matters of fact vpon Appeals brought before the Gov

              ernor & Councill may be tryed; And when an Error in ifact is

              Assigned vpon an Appeal or Writ of Error brought to a

              Superiour Court, before whom such ifact is not cognoscible,

              what course shall be taken to Trye that Matter of ffact.

                Ordered that the aforegoing Quaeries be put to the Lawyers

              of the provinciall Court for them to make Return of their

              Opinions therein as likewise make Answer to the following

              Case put, Vizt

                d h Vpon Appeal from the provinciall Court to the Gov

              Esqr Qui tam ernr & Councill; the Error in Law Assigned, was that

                Agts the Bond taken for the sd ship being an illegall Bond

                     the provinciall Court Judgmt ought to be Reversed;

              ship Ann therevpon the Councill for the King moved whether

              the Reversall of that Judgmt might not be deemed condemna

              tion of the ship, producing some Authorities; But the Defend

              ant Arguing that there being matter of fact to be decided, Vizt

          p. 351  whether the ship tooke in Tobacco before Bond given, there

              fore ought not to be condemned before tht matter of fact is

              tryed.

                Ordered that the Attorneys Return severally their Opinion

              therein in Ordr to be sent for England.