Proceedings of the Council of Maryland, 1752. 539

Lawful Money of Great Britain to be Paid to Our said Lord
the King his heirs and Successors to which Payment well and
truly to be made and done We bind Ourselves and each of
Us Our and every of our heirs Executors & Administrators
for the whole and in the whole firmly by these presents Sealed
with our Seals and Dated this fifth Day of May in the Year of
Our Lord One thousand Seven hundred fifty and Two.
The Condition of the above obligation is such that Whereas
by the Death of his Excellency Samuel Ogle Esq^r late Gov-
ernor of the Province of Maryland, the Administration of the
Government of the said Province is devolved upon the above
bound Benjamin Tasker as first Member of the Council
Now if the said Benjamin Tasker shall well and duly Observe

Lib. C. B.

the Several Acts of Trade & Navagation and Obey all such
Instructions as shall be from time to time Sent him from his
Majesty or any Acting under his Majestys Authority during
his Continuance in the Administration of the Government of
the said Province then this Obligation to be void & of no
Effect otherwise to remain in full force and Virtue
Sealed & Delivered Benj^a Tasker [Seal]
in presence of Geo: Plater D. Dulany [Seal]
Edm: Jenings Benj. Tasker jun^r [Seal]
Edw^d Lloyd

His Honour the President communicates to this Board the
following Letter

Sir
I have carefully inquired into the unhappy Affair mentioned
in your Letter, and I find one Jacob Kitzmiller killed the
deceased M^r Diggs, to the Northward of the Temporary Line,
run by his Majestys Order of the year 1738, and that he is
now Imprisoned at York to receive his Tryal, as for an Offence
committed within that County.
I presume these matters are indisputable, and well known
to you, Therefore why you should hope, I could wrest the
Offender out of the hands of Justice here, and Order him to
be delivered to the officers of your Province for Tryal, merely
because you are pleased to alledge the Place where the Fact
was committed, lyes within the Limits of your Province and
Government, appears to me Some what extraordinary
You have been Misinformed as to the Time of Kitzmillers
Tryal, which has not hitherto been appointed: Not through
any doubt of Jurisdiction, but the late Severity of Our Weather,
and the Necessary Attendance of our Judges in Criminal
Affairs at a tedious Supream Court

p. 474