26 MARYLAND COURT OF APPEALS

Dominick Kerwan ag^t Sam^ll Withers in Appeal. This Cause is Agreed;
Eliz: Blackiston Ex^rl [PJColl Blackiston dec^d ag^t Charles Carroll in Appeal
It being signifyed by the Plaintiffes Attorney that the Transcript of this
Cause was but filed with the Clerk of the Court this day, and having not
had time to File Errors thereon, therefore Moved for time till the next
Court, which was accordingly Granted; Eliz: Blackiston ag^t Jeoffrey a Ma-
latta in Appeal. It being signifyed that the Defendant is Run away, there-
fore this Cause is dismissed; Thomas Tench Esq ag^t W^m Hopkins in Appeal.
It being signifyed by the Plaintiffes Attorney that the Transcript of this
Cause was not Filed untill this day with the Clerk therefore had no time to
File any Reasons, for which he prayed time untill the next Court, which
was accordingly Granted him.

Nober the 8^th 1696
The Court again Sate and were p^rsent as Yesterday.

Miles Boroughs ag^t Governo^r Copleys Adm^r
in Appeal

The Reference and Report in this Cause Yesterday Read being by
Ord[er] now again read over and debated vpon by the Councill on both
sides is Adjudged by this Court that the Matter of Fact ought to be Tryed
by [a] Jury as in the Error is laid down; the hono^Me Col. Nicholas Green-
berry on[ly] excepted who dissented from the s^d Judgm^t. Ordered there-
fore that precept hence issue directable to the Justices of the Provinciall
Court Commanding them for to inquire into the s^d Fact by a Jury of Twelve
M[en] and that the Error be transmitted therewith out of which the s^d Fact
arises.

The same accordingly issued as follows, Viz^t

William the third by the Grace of God King of England Scotland,
France and Ireland defender of the Faith etc: To the Justices of the Pro-
vinciall [44] Court in our Province of Maryland Greeting Whereas Miles
Boroughs late of the City of S^t Maries Innholder did Appeal (from a cer-
tain Judgm^t given against him by the Justices of our s^d Court the 2^d day of
Octob^r Anno 1695, vpon a plea in Abatem^t of an Action brought by Thomas
Tench Adm^r of his Ex^ncy Lyonell Copley Esq deceased) Unto our Governo^r
and Councill constituted a Court for hearing Appeals and Writs of Error
etc: which said Judgm^t and Proceedings thereon together with certain Rea-
sons Filed for the s^d Appeal being laid before our s^d Govern^r and Councill
for their Opinion and finall Judgm^t to be given in the premises; the third
Reason by the s" Miles for Error Assigned was that the s^d Thomas in his
Acco^t wherewith he charges the s^d Miles as Adm^r of the s^a Copley inserts an
Article Viz^t a brass kettle and skillet which was sold to the s^d Miles by the