428 Proceedings of the Council of Maryland, 1724.

           Lib. X.    as his Opinion that the Charter Party and other Contracts

                made between your petitioner and Mr Poulson were not to be

                perform'd within the Body of any County within Great Britain

                but that there having been a Transportation thrô the High

                Seas and the quarrel between the Merchant and the Proprie

                tor of the Ship being properly beyond Sea therefore he ad

                vised his Excellency to refer Poulson to the Court of Vice

                Admiralty within that Province and Accordingly the 9th of

                July 1718 Poulson Libelled against your Petitioner for the

                said Victualling freight in the Court of Admiralty of the said

                province setting forth the Substance of the Charter party the

                Originall of which he Alledged he had left in London and

                thereon all your Petitioners Factors were Summoned to Court

                and examined upon Oath to discover your Petitioners Effects

                and he Obtained Sentence against your petitioner and Attach

                ments and Condemnations not only against his Goods and

                Effects that were then in the hands of his factors there but

                also against his Goods and Effects that arrived there Subject

                to those Orders of Condemnation and whenever any Effects

                of your petitioners were heard of new Attachments issued

                against the same And by Executions of that Court the same

                were seized to the Value of near 2000 ls and delivered over to

                Poulson without Giving any Security save only his own Bond

           p. 107     to return the same when Adjudged thereunto tho by an Act

                of Assembly of that Province good and sufficient Security

                Ought to have been given and as the usual Course of the

                Court is and which in this Case was the more necessary

                Poulson having himself acknowledged in his Libell that he

                had neither money nor Credit so that they could not but

                know he was unable to make your petitioner any Restitution

                  That the Great number of Attachments and Executions

                that issued came to a very Considerable Expence and which

                was in the first place paid for out of your Petitioners Effects

                  That notwithstanding your Petitioners Agents there Pro

                tested against the said Libell and all the Proceedings thereon

                and tho your petitioners Agents also preferred a bill in Equity

                to the then Governor as Chancellor of the said province set

                ting forth your petitioners Case and Complaining of the said

                Proceedings and praying a stay thereof and that a Ne Exeat

                Provinciam might be awarded against the said Poulson yet

                Could your Petitioner obtain no relief therein all his endeav

                ours for which by his Agents there prov'd ineffectual and it

                being plain the Admiralty Courts had no Jurisdiction in that

                Affair Your petitioner in July 1720 by his humble petition

                laid this his Case before their Excellencys the then Lords

                Justices in Council praying Relief against the said Unjust

                Proceedings and which petition being referred to the Right