MARYLAND COURT OF APPEALS 105

Maj^tys Reigne etc. Annoque Dmi 1701 came the said partys by their Attor-
neys aforesaid And the Jurors impannelld being called likewise came to witt
John Brannock James Moore John Pottinger Edward Dawson James Bishop
Robert Eagle Upgat Reeves Wm White Thomas Frederick Anthony Le-
compt Joseph Owens and John Sly who being elected tryd and Sworne to say
the truth in the premises upon their oaths do say We of the Jury do find for
the defendant

Wherefore its considerd by the Court here that the said Charles Green-
berry lessee of the said Josh^a Merekin take nothing by his plea aforesaid but
be in mercy for his false clamour therein and that the said James Heath go
thereof Without day And that the said James Heath recover against the said
Joshua Merekin .......... pounds of tobacco for his cost and

charge by him in this behalf layd out and Expended and the said James May
have thereof execution.

Thereupon came the said Joshua Merekin and prayeth an Appeal from
the Judgment of this Court to his Majestys high Court of Appeals which
being granted by the Court here the said Joshua Merekin togeather with
Thomas Reynolds and Rich^d Beard his Securely became bound to prosecute
the same with Effect According to the forme of the Act of Assembly in that
case Made and provided in Tenn thousand pounds of tobaccoe In Teste-
mony Whereof the seale of the said Provinciall Court is herunto Affixed per
Tho. Bordley Clk Prov^ll Court

And now here at this day to witt the Sixteenth day of July Anno Dom
1707 came the said Joshua Merekin by William Bladen his Attorney offers
his reason of Appealing from the Judgment of the Prov^ll Court aforesaid that
the Isue was not Joynd when said by the record and therefore no full bar
and divers others offerd ore tenus and prays that the Judgment of the pro-
vinciall Court may therefore be set aside and he to all things that he hath
thereby lost be restored.

Which said reasons being read^and fully debated and argued on both
sides and by the Court here fully understood do adjudge the same not good.

It is therefore consider'd that the Judgment of the prov" Court be
Affirmed and that procedendo to the provinciall Court Issue as is usuall in
such cases and that the said James Heath recover ag^t the said Joshua Merekin
his terme aforesaid and also Two thousand Eight hundred pounds of tobacco
costs of suit.

[161] Archibald Edmondson Lessee Hugh Ryley ag^t Wm Hollyday

In the Records of the Provinciall Court of Maryland among other
things is thus containd as follows Viz^t

At A Court of her Sacred Majesty Anne by the Grace of God of England
Scottland France and Ireland Queen defender of the faith etc. held at An-
napolis in Ann Arundell County for the Province of Maryland the Sixteenth