MARYLAND COURT OF APPEALS 355

day of the same month Anno Domi Seventeen hundred and twenty three to
hear their Judgm^t of and upon the premisses for that his said L^aships Court
of Appeales and Errors thereof are not as yet advised.

At which said Seventh day of May last mentioned Before his Lordships
said Governour and Councill af^d Sitting as a Court of Appeales and Errors at
the City af^d Comes as well the said Jonathan Forward by his Attorney afs^d
as the said Gilbert [546] Powlson by his Attorney af^d.

Whereupon all and Singular the premisses by the Court now here being
seen and fully understood and deligently Examined and Inspected as well
the Record and process afs^d and the Judgment thereupon rendred as the
Causes and matters above by the same Jonathan for Errors Assigned for
that it seems to his said Lordships Court now here that neither in the Rec-
ord and process af^d nor in rendring the Judgm^t af^d it is in any wise Erred
and that Record in nothing is vicious or Defective in Law. It is therefore
Considered that the Judgment af^d in every thing be Affirmed and stand in
it's full force and Effect the af^d Causes and matters for Errors above assigned
in any thing Notwithstanding And it is further Considered by his said L^dships
said Court now here that the af^d Gilbert Powlson recover against the said
Jonathan Forward to the said Gilbert by the said Court now here
of his assent adjudged According to the forme of the Statute thereof lately
made and provided for his Costs and Charges sustained by reason of the
delay of the Execution of the Judgment af^a by pretext of prosecuting his
said L^dships Writt for Correcting of Errors and that the said Gilbert Powl-
son have thereof Execution etc:

Whereupon afterwards on the tenth day of May Anno Domi Seventeen
hundred and twenty three in the same Court or Term the said Jonathan
Forward by his Attorney af^d prays an Appeale from the Judgment of this
Court so as af^d rendred to the King and Councill which is granted upon
giving Security for the due prosecutin on [sic] thereof according to Law.

Whereupon the Defendant in Errors by his Councill here Humbly
prays it may be Entered on his [547] behalf by way of protestation against
the said Appeale — in manner wherein it is pray'd That he Conceives the
Constitution of this Province and the Judicature thereof to be by it's Charter
conform to that of the County Palatine of Durham and that all appeales to
be made from hence ought to be made to such Judicatures as Writts of Error
in or from the said County Palatine are returnable to that therefore such ap-
peale ought to be to the Prince of the Palatinate and if Occasion of further
Appeale from his Judgm^t to the Kings Bench etc: wherefore the said Defend-
ant prays that all benifitt of Exception to the manner of the said Appeale
may be to him hereafter reserved.

The Court Adjourns untill to morrow morning Saturday May the 11^th
1723 The Court meet according to Adjournm^t Present as yesterday

Thereupon afterwards in the Same Court or term Mess™ Thomas