124 MARYLAND COURT OF APPEALS

here read and heard and by the Court here maturely deliberated It is the
opinion of the Court here that the reasons aforesaid by the said Notley
Rozier Assigned in Arrest of the Judgment are not sufficient to Arrest or
stay the same.

Whereupon it is Considered by the Justices here that the said John
Ward lessee of the said Phillip Lynes recover against the said Notley Rozier
the now defendant his terme Yet to come of and in the said One thousand
Acres of land calld Beach neck with the premises and appurtenances there-
unto belonging and that his Majestys Writt of habere facias possessionem
Issue Accordingly. And it is likewise consider'd That the said Phillip Lynes
recover against the said Notley Rozier the Summe of Two thousand Seaven
hundred and twelve pounds of tobaccoe for his costs and charges in this be-
half laid out and Expended.

Thereupon came here into Court the said Notley Rozier by his attorney
and prayd an appeale from the Judgm^t of this Court to the High Court of
Appeales which was granted him giving Securely for prosecution of his said
Appeale according to Act of Assembly in that case made and provided.

This Record certifyed in obedience to her Majesty's Writt of Dimuni-
tion per me
[Loc^o Sigil Provinc^ll] Jn^o Beale Clr Pro^ll Court

[185] And the said Notley Rozier by Robert Gouldesborough his Attorney
comes and saith that as well in the record and process as also in the rendring
of Judgment aforesaid it is Manifestly erred.

i^th In this that there was not any Imparlance given to the defendant
as by law there ought to have been

2^dly It is also erred in this that the Venire facias is not awarded in the
present tense as by law it ought to be.

3^dljr It is Erred also in this that the Jurors Names are not entred upon
the Record as they ought to be.

4^thly One William Heard late of this province takes up by Virtue of
A Warrant duely obtaind from the Lord Baltemore the proprietary of this
province A certaine tract of land within the Same but before he could pro-
cure his Lordships grant for it he dyed first making his last Will and testa-
ment in Writing by Which he devises his Estate to his Wife Bridget Heard
in these Words following Vizt Item I give and bequeath unto my wife Bridget
Heard all my Estate reall and personall making her my whole Executrix.

Bridget Heard soon after dyes first making her last will and Testament
in Writing wherein she makes these bequeasts.

Item I give and bequeath to my sonn William Heard the one half part
of my estate both reall and personall Item I give and bequeafth] to my Sister
Mary Yemkins and John Duglas Jun^r and each of them their parts of the
estate upon demand to be deliverd them after my decease.

John Duglass the father of John Duglass Junior applyes to the Lord