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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 2   View pdf image (33K)
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While you Shall Continue in the Same and till you Shall be Lawfully dis-
charged thereof.

Soe Help you God.

Tho: Tench Esqr Plaintiffe — Jos: Chew named Garnishee —
of Alexander Chappell Deft.

In Reading over a Writt of Error brought by Jos: Chew the Deft to
Correct Errors it is Said that the Said Thomas Tench be and appear before
Us in the Upper house of our next Genll Assembly: Moved by the Councill
of the Plaintiffs Side that the Writt is improperly brought for that this is a
proper Court and is Styled by the Act of this Province to be the Governr and
Councill for hearing Appeals and Writts of Error and therefore no Upper

His Exncy asks whether the Governr and Councill in Assembly is not the
Upper house of the Assembly, who doe Say that it is So accoted; Then his
Excellency asked whether the Governour and Councill in Assembly be a
Distinct Court from the Governour and Councill of the Upper house and
whether they can Show any Law that ever made that Distinction; who doe
Say they cannot; then was ordered to be produced the Act for Appeals which
was Read.

His Excellency demands that the Gentlemen of the Councill give their
Opinion whether the words of the Law will be Sufficient to make the words
of the Writt good, who make answer that they Deem the Same Sufficient
where upon the Plaintiffe being overruled; The proceedings were Ordered
to be Read, which was done as Followes: Vizt:

[3] William and Mary by the Grace of God of England, Scotland, France,
and Ireland King and Queen Defenders of the Faith etc. To the Sheriffe of
Ann Arrundell County Geeting [sic]. Because in the Record process and
pr[o]ceedings as also in Rendring of Judgment before the Justices of our
provinciall Court in a certaine Matter or cause of Action Upon an Attach-
men[t] brought by Thomas Tench Esqr against the Estate of Alexander
Chappe[ll] in the hands of Joseph Chew the Eleaventh day of May An-
noque Domi. 1693: as it is Say'd manifest Error hath happened to the Great
Damafge] of the Said Joseph Chew as of his Complaint Wee have Received
and n[ow] being Willing that the Errors afore Said (if any be) Should in
our Upp[er] house of next assembly be in due Manner corrected and for
that Justic[e]1 be done to both partyes in the Premises Wee Comand you that
from Executing the Said Joseph Chew or any of his goods or Chattells for any
Dama[ge] occasioned by the premisfes] you altogether Superseed till the
Errors afore Said be heard And Wee likewise Command you that by good
and lawfull men of your Baylewick you make Known to the Said Tho[mas]
Tench that he be and appear before Us in the Upper house of our [next]

1 Marginal note: " N: Greenberry."


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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 2   View pdf image (33K)
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