MARYLAND COURT OF APPEALS 347

ought to be done Wittness our Trusty and Well beloved Charles Calvert
Esq^r our Governour and Commander in Cheif of our said Province of An-
napolis the Eighteenth day of April Anno Domi Seventeen hundred and
twenty one and in the Sixth year of our Domi" etc.

The Answer of Samuel Young Esq^r Cheif Justice within Mentioned and
his Associates. The Execution of this Writt appears by the Record here-
unto Annext.

Signed per Order

Vachel Denton Clk

In the Records and proceedings of the Provinciall Court amongst other
things is thus Contained Viz^e:

MARYLAND ss^t At a Provinciall Court [533] held at the City of An-
napolis in the County of Annarundell for the province of Maryland on the
third tuesday of September being the twentyth day of the same month in the
5^th year of the Dominion of the R^t Hon^ble Charles Absolute Lord and Pro-
prietor of the Provinces of Maryland and Avalon Lord Baron of Baltemore
etc: Annoque Domi 1720.

Present: The Hon^Me Gott^o Samuel Young; Coll^o Richard Tilghman; James
Stoddart Esq^r; John Mackall Esq^r, Justices. Stephen Warman Sherr. Vachel
Denton Clk.

[TB.] Gilbert Powlson v [DD.] Jonathan Forward

MARYLAND ss: Jonathan Forward late of the City of London Merchant
als diet Jonathan Forward of Annarundell County Merchant was Attached
to Answer unto Gilber [sic] Polwson Mariner of a Plea of Trespass upon
the Case.

And whereupon the same Gilber by Thomas Bordley his Attorney Com-
plains that whereas the af^d Jonathan the tenth day of June Anno Domi Seven-
teen hundred and Nineteen at Annarundell County afs^d was Indebted to the
af^d Gilber in the sum of three hundred and Sixty pounds Seven Shillings and
Six pence Sterling for the freight of the ship Dolphin by the space of twelve
months and Eighteen days as per a perticular Account thereof here in Court
ready to be produced According to Act of Assembly and the rule of the same
Court may more at Large appear. And being so thereof Indebted the afs^d
Jonathan in Consideration thereof afterwards to Witt the same tenth day
of June Anno Domi One thousand Seven hundred and Nineteen af^d at Ann
Arundell County af^d upon himself assumed and to the same Gilber then
and there faithfully promised that he the af^d Jonathan the afd [534] three
hundred and Sixty pound Seven Shillings and Sixpence to the af^d Gilber
when thereunto he should be afterward required would well and truely Con-
tent and pay Nevertheless the af^d Jonathan his promise and Assumption af^d
not regarding but minding and fraudilently intending the same fiilr^r in
this Part of the said three hundred and Sixty pounds Seven Shillings and Six