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Premisses aforesaid, being by the Court here, seen, heard, fully
understood, and matter Deliberation thereupon had, and for that
it seems to the Court here that the said Lyde Goodwin was not a
ffreeholder, or a Person qualified by Law to serve as a Juror, it is
therefore by the Court here ordered, & adjudged that the said Verdict
be set aside and held for Nought and that a venire facias de novo
issue to the Sheriff of Ann Arundell County.
And thereupon for trying the Issue aforesaid, Command is a new
given to the Sheriff of Ann Arundell County that he immediately
cause to come here twelve good and lawful Men of his Bailiwick by
whom &c. who neither &c. to recognize &c. because as well &c. of
which said Precept the said Sheriff to wit John Gassaway Esquire
makes Return that he has here ready twelve &c. as by his said
Precept he was commanded (to wit) Thomas Jones, John Hamil,
Ephraim King, Joseph Dashiel, Benjamin Welsh, Samuel Howard,
George Johnson, William Bealle, Thomas Beall, Samuel Lockwood,
James Maccubbin, and Samuel Lovejoy, who being duly elected,
tried, and sworn to say the Truth in the Premisses, upon their Oath
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U. H. J.
Liber No. 35
October 8
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do say that the said Edward did pay unto the Commissioners, or
Trustees aforesaid the said Sums of £35...9.. 8.. current Money of
Maryland and £ 14..5..0.. like money in manner and Form so as the
aforesaid Edward above by pleading hath alledged.
Therefore it is commanded by the Justices here that the said
Lord Proprietary take Nothing by his Writ aforesaid, but that the
said Edward go thereof without Day &c.
Memorandum, the following Bill of Exception was tendered to the
Court before the Jury went from the Barr (viz.t) Lord Proprietary
against Edward Trippe on his Bond of 12. July 1740. in the Pro-
vincial Court in this Cause, the Defendant having given several
Pieces of Evidence to prove by Circumstances the Payment of the
Money to the Commissioners in the Proceedings mentioned pur-
suant to the Issue on their Part the Council for the Plaintiff after
the whole Evidence on Defendants part hath been heard and read
to the Jury pray leave to demur to the whole of the Defendants
Evidence so as aforesaid given as being insufficient to prove the
Issue, on the part of the Defendant and tendered his Demurrer
ready drawn up, but the Court were of Opinion that the Plaintiff
should not demur to the Evidence, and accordingly refused to suffer
the said Demurrer to be filed or to receive the same to which
Opinion of the Court the Plaintiff prays leave to accept, and that
the Judges will to this their Exception offer their Seals, agreeable
to the Statute.
Geo. Dent Seal
Whereupon the said Henry Darnall Esquire his Lordship's At-
torny General who &c. prays Leave to appeal from the Judgment
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P. 143
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