MARYLAND COURT OF APPEALS 205

one thousand Six hundred and thirty pounds of Tobacco by the Court here
adjudged unto him for his Costs and Charges by him about his Defence in
this Behalfe layd out and Expended according to the forme of the Stat-
ute etc.

afterwards to witt in the Same Court or terme the Said Will^m Fitzred-
mond Lessee of the Said Charles Carroll by his attorney af^d prays an appeale
from the Judgment of this Court to the High Court of appeales, which [319]
is Granted Giveing Security according to Law. Thereupon Charles Carroll,
Thomas Macnemara and William Bladen of Annarundell County Esq^rs ac-
knowledge them Selves to owe and Stand Justly Indebted unto the Said
George Eskridge in the Summe of Twenty thousand pounds of Tob^o to be
levyed on their Bodys Goods or Chattells Lands or Tenem^ts to the use of the
Said George Eskridge according to Law in Case the Said William Fitzred-
mond Lessee of the Said Charles Carroll do not prosecute his Said appeale
with Effect according to Act of Assembly in that Case made and provided.

In Testimony whereof the Seale of the Provinciall Court is hereunto
affixed [Provinciall Seale] per Jo Beale Clk

Afterwards to witt the tenth Day of March anno Doni one thousand
Seven hundred and fourteen to which time Day was Given to the Said Plain-
tiff William Fitzredmond Lessee of the Said Charles Carroll Esq^r to prose-
cute his appeal afs^d Comes again the afs^a William Fitzredmond Lessee of the
Said Charles Carroll by Tho: Macnemara his att^rney af^d and Saith that in the
Record and process af^d and in rendring Judgm^t thereon it is manifestly Erred
in this (Viz^t)

[320] For that Judgment was rendred for the Defendant whereas it ought
to have been rendred for the plaintiff And there upon the Said George
Eskridge by Thomas Bordley his atfney freely Comes into Court and Volan-
tirily Enters his appearance to the appeall afs^o Whereupon the Said William
Fitzredmond lessee of the Said Charles Carroll Prays that the Judgment af^d
for the Errors afs^d and other in the Record and process afs^a being may be
reversed annulled and alltogether held for none, and that he to all things
which he by occasion of the Judgm^t afs^d hath Lost may be restored and that
the afs^d George to the Errors af^d may Rejoyne etc. and that the Court of our
Lord the King here may proceede to the Examination as well of the Record
and process afs^d as the matter af^d above for Error assigned etc. And the afore
Said George Eskridge Saith that neither in the Record and process afs^d nor
in the rendring the Judgm^t thereupon It is in any thing Erred and prays
likewise That the Court here may proceed to the Examination as well of the
Record and process as of the matters afs^a above for Errors assign'd, and Be-
cause the Court hereof rendring their Judgm^t afs^a upon the premisses as
yet are not advis'd etc. Day thereof is Given to the parties afs^d before the
Said Court untill the next Court. For that the Said Court here thereof is
not etc.