MARYLAND COURT OF APPEALS 155

of them to pay hath hitherto altogeather refused and Still doth refuse
Whereupon the said Alexander and Sarah Say they are damnified and have
loss to the Vallue of Eighty pounds Sterling and thereof they bring the
Suite etc.

Pledgs etc Jn^o Doe

Rich^d Roe.

And the said John Hyde by Rich^d Dallam his Attorney comes and De-
fends the force and Injury when etc. And prays leave to Imparle hereunto
untill [229] next Court and he hath it and the same day is given to the Plan-
tiff alsoe.

Att Which said next Court to Witt the Eighth day of Aprill Anno
Domini 1712 come again as well the said Alexander Frazer and Sarah his
wife by their attorny Aforesaid as the said John Hyde by his Attorney afore-
said and the said Alexander Frazer and Sarah his wife by their Attorney
aforesaid pray that the said John Hyde to their declaration in the plea afore-
said may Answer And thereupon the said John Hyde by his said Attorney as
before defends the force and Injury When etc. and says nothing in barr or
Avoidance of the Action aforesaid of the said plantiffs so as aforesaid against
him brought so that the said plantiffs remains ag^t the said Defendant alto-
geather undefended Wherefore the said alexander Frazier and Sarah his
Wife their damages which they have Sustained by occasion of the premises
against him the said John Hyde ought to Recover but because it is unknown
What damages the said Alexander Frazer and Sarah his Wife have Sustain'd
by occasion of the premises aforesaid and for that the said John Hyde by his
Attorney aforesaid being present in Court as aforesaid) Command is given
the Sheriff of Ann Arundell County that he by the Oaths of good and law-
full men of his ballywick dilligently enquire What damages the the [sic] said
Alexander Frazer and Sarah his Wife have sustaind by occasion of the prem-
ises aforesaid And the Inquisition which thereof he shall make that the said
Sheriff make appear to her Majestys Justices here Imediatly as well under
his Seale as the Seales of those by Whom etc. he send togeather with the
Writt thereof to him directed etc. And now here at this day to Witt the
Eighth day of Aprill Anno Dmi 1712 being the same day and Year came
the said Alexander Frazer and Sarah his wife by their Attorney aforesd And
the Attorney of the said John Hyde having had notice of the Execution
of the Writt as aforesaid) the said Sherriff likewise comes and returns to the
Court here his certain Inquisition taken before him at Ann Arundell County
the [230] same day and Year by the Oaths of Twelve etc. by Which it is>
found that the said Alexander Frazer and Sarah his Wife have sustaind Dam-
ages by occasion of the premises besides their costs and charges by them about
their Suite in this behalfe laid out and Expended to the Sume of Forty Seaven
pounds Seaventeen Shillings sterling.

Therefore it is Considered by the Justices here the Same day and Year