134      Provincial Court Proceedings, 1681/1682.

 Liber W. C.     seaventh day of July 1680 In the Cawse there Depending betweene
                 the said John Nicholls Plt & the said Susana Uty Deft was not
                 made and Claimed according to a Certaine act of Assembly Enacted
                 att the Citty of st Maryes at a Generall Assembly there held the
                 20th day of October in the third yeare of the Dominion of Charles
                 &Ca Anno Doni. 1678. Entituled an Act for appeales and Regulate
                 ing writts of Error ffor that the sd Judgmts that was appealed from
                 was Given att a County Court held for the sd County of Baitemore
                 the Seaventh day of July in the yeare 1680 aforesaid, And the said
                 Susanna did not appeale in the said action whilst the next County
                 Court held for the said County viz The Eighth day of September
                 then next ffollowing, The said Appeallee haveing Slipt her time to
                 appeale Noe Remidy can be had therein but by writ of Error And
                 since the Justices of this Court of any appeale from the County Court
                 Can hold plea onely by vertue of the said Act of Assembly before
                 Recited & by noe other Lawe whatsoever. The said Appealee De
                 mand Judgt of the Court if the said Appealant haveing Neglected
                 to appeale from the Judgment of the County Court aforesaid to
                 this Court the day of the Judgmt Given Whether she Can by the
                 said act of Assembly be admitted to appeale the Court after, And
                 further if this Court the Argueing the Errors by her Assigned in
                 the Judgment aforesaid by the Lawe Can admitt the said appeale
                 not being made in due time And prayeth that he may be hence Dis
                 missed with his Costs and Charges in this behalfe vexatiously
                 sustained
                  And hereupon the Record & processe aforesaid to the Rendering
                 the Judgment thereupon and the aforesaid Cawses and matters by
                 the aforesaid plt for Errors assigned being seene & by the Justices
                 here fully understood & dilligently Examined and for that it ap
                 peareth to ye same Justices that in the Record and Processe afore
                 said and also in the Rendering the Judgmt aforesaid Itt is mani
                 festly Erred and the said John Nicholls being Solemnly Called three
                 times appeared not by himself or Attorney. Therefore Itt is Con
                 sidered by the Court here that the Judgment aforesaid for the Errors
                 in the Record and processe aforesaid be Revoaked Adnulled and
                 Altogether held for Nothing, and that the said susanna Uty unto
                 all things wch by Occasion of the Judgt aforesaid she hath lost be
                 Restored, and that the said susanna Uty Recover against the said
                 John Nicholls the sume of ffoureteene hundred Ninety and Nine
                 pounds of tobacco for her Costs & charges in his behalfe Layd out
                 and Expended.

          p. 510 Peter Ellis & Eliza his wife Memorandum that upon the Eleav
                  Admx of Wm Palmer enth day of November in the fifth
                        agt         yeare of the Dominion of Charles &Ca
                 Thomas Prestonin the yeare of our Lord 1680 Came
                   Peter Ellis and Elizabeth his wife
                 Admx of William Palmer deceased by Kenelm Cheseldyn their At-