342 MARYLAND COURT OF APPEALS

Court or Terrae M^r Daniel Dulany Attorney for the Plantiff offers himself
ready to prosecute this Cause And that in as much as by the Act for Limita-
tion of Actions this Cause cannot be continued untill the next Court he
moves for Judgm^t by default unless tryall this Court.

Whereupon the said James Frisby altho Solemnly call'd comes not but
makes Default whereby the said John Snow remaines against the said James
Frisby without further defence.

Therefore it is Considered by the Justices here the 13^th day of October
Anno Domi: 1719 af^d That the said John Snow recover against the said James
Frisby as well the sum of five hundred pounds Sterling his damages by Occa-
sion of the premisses af^d as also the sum of nine hundred and Sixty one pounds
of Tobacco by the Court here Adjudged unto him for his Costs and Charges
by him about his suit in this behalf laid out and Expended and the Def^t in
Mercy etc.

In testimony that the aforegoing is a true Coppy taken from the Pro-
ceedings of the Provinciall of Maryland the seale of the same Court is here-
unto Affixt this i8^th day of April 1721

[Provinciall Seale] per Vachel Denton Clk
[525] Afterwards to Witt on the twentyth day of April Anno Domi Seven-
teen hundred and twenty One in the same Writt mentioned Comes here into
Court the afs^d Ariana Frisby Ex^r* af^d by Tho^s Bordley her Attorney and says
that in the Records and process afs^d and also in the Rendering the Judgm¹
afs^d it is manifestly Erred. In this to witt that the said James Frisby deced
was Summonsed to render the said John an Account of the time he was
bailiff of the said John and receiver of his goods etc: And yet the said John
in his Declaration against the said James shews not that ever the said James
was bayliff of the said John but receiver only and in that the said Declaration
is Insufficient and wants form

Also in this that the Judgm^t is rendred against the Said James that he
render Account of the time he was Bayliff of the said John and receiver of
the Goods etc: but not that he render Account of the said Goods so that there
is no Judgm^t to Account for the goods for which he Declares but Judgm^t to
Account as Bayliff on which the said John Declares not.

Also in this that altho, it appears the Auditers were as well appointed
by Consent of both parties as by the Court and that they intirely exonerated
the said James on his Account upon Oath According to the Usage and prac-
tice of this Province and the Courts of Judicature therein yet that Judgment
was rendred that the said John should recover against the said James whereas
it Ought to have been that the said James should go thereof without day.

Also in this that altho the said James prayed Judgment on the Return
of the Auditors And altho the Court gave Rule thereon that Judgm^t should
be rendered according to the return of the Auditors afs^d unless Cause shewn
by the End of April Court one Thousand Seven hundred and Nineteen Yet