MARYLAND COURT OF APPEALS 29

At a Court before his Ex^ncy the Govern^r and his Ma^ts Hon^rtle Councill for
hearing Appeals and Writs of Error etc: Met and held at the Port of Annapo-
lis the 17^th day of December, in the Eigth Year of the Reign of our Soveraign
Lord King William the Third etc: Annoque Domini 1696.
Present: His Ex^ncy Francis Nicholson Esq Cap^t Gen^H etc; The hon^rble S^r
Thomas Laurence Baron^t Secry^r; Thomas Tench Esq; Coll: John Addison;
Coll: John Courts; Thomas Brooke Esq.

The following Cause was Called Viz^t

Eliz: Blackiston Ex" of Coll: Blackiston dec^d Qui tarn ag^t Charles Carroll

Upon a Writ of Error.

The s^d Writ of Error not appearing nor having been Filed with the Clerk

of this Court by Virtue whereof the Piutecdiugs wcie tiausnutted, the Dcf*

is never-theless willing that the Cause Should go on and the Reasons Argued
and the Judgm^t thereon to Stand as Effectuall as if the s^d Writ had actually
been filed.

Then Read the Proceedings as follows, Viz^t

[47] At a Speciall Court of Oyer and Terminer begun and held at the City
of S^t Maries the Twelfth day of January in the Fourth Year of the Reign of
our Soveraign Lord and Lady King William and Queen Mary etc: "Annoque
Domini 1692 by Virtue of their Ma^t' Royall Comission bearing date the
Fourth day of the s^d January under their great Seal of this their Province
of Maryland to M^r Thomas Greenfield Cap^t John Bigger, Cap^t James Keech,
Richard Clouds, and Philip Briscofe] Gent, or any three or more of them
directed, and From the s^d Twelfth day of January by Severall adjourm^t" con-
tinued to the Sixteenth day of February following and from thence, from
day to day to the i8^th day of the Same month when appeared of the Justices
aforenamed and Sat in Court, Viz^t

Cap'John Bigger; Cap^t James Keech; Richard Clouds; Phillip Briscoe, Gent.
Justices, p^rsent.

At the Same day Came Nehemiah Blackiston Esq their Ma^ts Collecto^r
for Potomack District by George Plater Esq his Attorney and Exhibited to
the Court here this following information Viz^t

MARYLAND: ss To the Hon^rd their Ma^ts Justices of the Especiall Court
of Oyer and Terminor at S^t Maries.

Be it remembred that the 17^th day of Feb^ry in the Year of our Lord 1692
Came here into Court Nehemiah Blackiston Esq Collecto^r of their Ma^ts Cus-
toms for Potomock District who as well for the King and Queen as for him-
self prosecuteth and gave the Court here to understand and be informed That
whereas by a Statute of England made at a Sessions of Parliam^t in the Third
Year of the Reign of King Henry the Seaventh late King of England etc: w^ch
is yet in full force and unrepealed and is intituled (a certificate Shall be made