i94 MARYLAND COURT OF APPEALS

Contee Ex" as aforesaid Shall make Restitution unto him the said S^r John
Rogers of all or Such part thereof as Shall So be made appears to be undue
etc. or that he the said William Bladen will do it for her Therefore it is
Considered by the Justices here the 11^th day [of] October aforesaid that the
said Summe of Six thousand pound[s] of tobacco as of the goods and Chatties
rights and Creditts so as aforesaid Attached be Condemned in the hands of
the said Mary Contee as of the goods and Chatties rights and Creditts of the
said S^r John Rogers towards Satisfaction of the said Mary Contee Ex^ri as
aforesaid her damages and Costs aforesaid and that she Have the Value of
her Execution according to act of Assembly.

In testimony Whereof the Seale of the Provinciall Court is hereunto
Affixed

per John Beale Clerk.

Afterwards to witt on the nineteenth day of July Anno Domini One
thousand Seaven hundred and Fourteen that same day before his Excy John
Hart Esqr Captain General [297] and Governour in chief in and over her
Maj^ts Province of Maryland and before her Maj^ty Hon Councill of the same
province came the said S^r Edmond Pridiaux Barronet and Dame Mary
his wife Executrix of the last Will and Testament of S^r John Rogers Bar-
ronett deceased by Daniell Dullany their Attorney and Say that in the Rec-
ord and process aforesaid as also in rendring of Judgment it is Manifestly
Erred.

Imp™. In this that attachment was awarded against the said Sr John
Rogers it not appearing that ever he lived in this Province.

2^dly. It is Erred in this that Attachment was awarded ag^t the said S^r
John Rogers without two Non Est Inventus being returnd.

3^dly. It is Erred in this that attachment was awarded against the said
S^r John A coppy of the declaraco[n] not being returned to be left according
to the directions of the Act of Assembly in such case made and provided:

4^tnly. Fourthly it is Erred in this that attachment] was awarded against
the said S^r John in the sam[e] plea not being A plea of Debt nor the demand
reduce[d] to A certainty.

5^thly. It is Erred in this that attachment was granted proo[f] by law
required not being made of the said Action

6^thly. It's erred in this that the action being brought on A quantum
Merruit attachment is granted without enquiry for the sume the said Mary
Cont[ee] Averrd to be reasonably deserved in the declaration] and therefore
pray that the Judgment aforesaid for the Errors aforesaid and others in the
said w[ritt] and Process being may be reversed annulled and altogether]
[298] held for nought and that the said Sr Edmond Prideaux and Dame
Mary his wife Executrix as aforesaid to all things that the said Sr John Rogers
in his life time or they the said Edmond and Dame Mary his Wife lost
thereby may be restored and that the Court of our Lady the Queen here