Proceedings of the Council of Maryland, 1724. 431

     there against the Apellant for 370£ 7s 6d pretended to be due Lib. X.

     to him for the said Ships Freight and for non Payment

     whereof he laid his Damages at 750£ whereupon the 20th of

     September 1720 the Court declared the said Poulson ought

     to Recover against the Petitioner the Damages he had sus

     tained in the Premises and to Ascertain which a writt of

     Inquiry issued which was executed and returned the same

     day whereby the said Poulsons damages besides his Costs

     were ascertained at 600£ Sterling and 6451 Pounds of To

     bacco and upon which Iudgment was the same day Given

     that Poulson should recover against the Apellant as well the

     said 600£ Sterling and 6451 Pounds of Tobacco for his said

     Damages as also 1273 Pounds of Tobacco for Costs that

     Poulson took out a Writt of Attachment on the said Judgment

     which was Actually executed several times over on the Apel

     lants Effects in the hands of his Factors there and the said

     Poulson also took out a Fieri Facias against the Apellant

     Whereupon the Petitioners Attorney brought a writt of Error

     Assigning several Errors in the said Judgment Proceedings

     and Execution notwithstanding which Poulson moved the

     Court for Condemnation of the Petitioners Effects in the

     hands of Thomas Cocky one of his Factors so attach'd as

     aforesaid to satisfy Poulson the said Judgment as also the

     Costs of the said Execution which the Apellants Attorney

     opposed by reason of his having brought the said Error but p.

     the Court were of Opinion such Writt of Error was no Super

     sedeas to the Proceedings against the said Cocky on the said

     Attachment and therefore Condemned the Money and Effects

     attached in the said Cockys hands to satisfy the said Judg

     ment to Poulson as also the Subsequent Cost Accruing on the

     said Attachment that on Arguing the petitioners said writt

     of Error on the 7th of May 1723 the said first Iudgment was

     affirmed and the Apellant Condemned in 1803 Pounds of

     Tobacco for Costs in Error from which this Appeal is brought

     before your Majesty in Council And the Petitioner further

     Complains that notwithstanding the said Appeal and 900£

     Security Given thereon the Court in Maryland Obligd the

     said Cocky to draw a Bill of Exchange on the Apellant for

     600£ Sterling as for so much of the Petitioners Effects Con

     demned in his hands and to bring such Bill of Enchange into

     that Court and which is threatned to be put in Suit And

     therefore the Apellant prays the said Judgment and proceed

     ings may be all Reversed and directions Given for his full

     Relief in the Premises And their Lordships having heard

     Council on behalf of the Apellant (none Appearing for the

     Respondent) notwithstanding the usual time for his Appearing

     according to the Rules of this Board was expired and altho