2i6 MARYLAND COURT OF APPEALS

being the same Court or terme, Comes again as well the said plaintiff as the
said defendant by their Attorneys aforesaid And whereupon all and Singular
the premisses being the Court here Seen heard and fully understood and
Mature deliberation being thereupon had, for that it Seems to the Court
here that the said James Crooke hath above Shown in evidence [339] to the
Jurors aforesaid Sufficient matter in law to maintain the Issue aforesaid on
the part of the same James Crooke.

Therefore it is Considered by the Justices here the eleventh day of May
Anno Dom 1716 afores^t that the s^d John Hyde take nothing by his Writt
aforesaid but be in mercy for his false clamour, and that the said James
Crooke go thereof without day.

And also it is Considered by the Justices here the same day and year
Last mentioned that the said James Crooke recover agt the said John Hyde
the sume of nine hundred and twenty Six pounds of tobacco by the Court
here adjudged unto him for his Costs and charges by him about his defence
in this behalf laid out and expended according to the forme of the Stat-
ute etc.

Whereupon the said John Hyde by his Attorney prays an Appeale from
the Judgment of this Court to the Governour and Council which is granted
Giving Security on Ten thousand pounds of tobacco according to law

Thereupon Thomas Macnemara Esq^r and Dani Dulany Centl acknowl-
edge themselves to owe and stand Justly indebted unto the said James Crooke
in the Sume of Ten thousand pounds of tobacco to be levyed on their Bodys
goods and Chatties lands or tenements to the use of the s^d James Crooke ac-
cording to law. On Condition That if the s^a John Hyde shall not pursue
the Directions of the act of Assembly Intituled (An Act for regulating Writts
of Error and granting appeals from and to the Courts of Comon law within
this Province) at the next Court of Appeals, to be held by the Governour
and Council before whom the Appeale afore said is to be tryed, And prose-
cute the Same appeale with effect, And also Satisfye and pay to the said James
Crooke his ex^rs adm^rs or assignes in Case the said Judgment Shall be af-
firmed, all and Singular the Costs adjudged by the Justices of the Provincial
Court aforesaid, as all Costs and damages that shall be awarded by the Court
of Appeals before whom the appeale afores^d [340] Shall be heard tryed and
determined as aforesaid, Then the recognizance aforesaid to be and remain
in full force and Vertue otherwise of no Effect

I-T e- -n- T. • • n In Testimony whereof the seale of the

[Locus Sigilli Provincial] „ . . , _⁷ . . „ ,

^{L J} Provincial Court is here unto affix t

per Joh Beale Cl Prov^l Co^rt

And now here at this day To witt the 13^th day of September Anno
Domini Seventeen hundred and Sixteen Comes the said John Hyde into his
Lordships the Right Hon^rble the Lord Proprietary his High Court of Ap-
peals and Errors before the Honourable the Governour and Councill by