MARYLAND COURT OF APPEALS 371

Whereupon all and Singular the premisses being by the Court here seen
heard and fully understood and Mature Deliberation being thereupon had
for that it Seems to the Court here That the Replication af^d by the af^d Attor-
ney Gen^ll for the Lord Proprietor who for his Majesty Prosecuteth above in
replying pleaded is good as to the first breach assigned therein which the
Court Adjudges to be within the bond, And that the Demurer by the af^t Wil-
liam Stone above in barr pleaded is good as to the other breach assigned in
the replecation af^d which the Court here Adjudged to be without the Bond
And for that it further seems to the Court here That the residue of the plea
af^d by Replication above pleaded is not Sufficient in Law for the said Attor-
ney Gen^ll the Action af^d against him the said William Stone to have or
maintain.

Therefore it is Considered by the Justices here the io^th day of April
Anno Domi 1722 af^d that the said Thomas Bordley Esq^r his Lordships Attor-
ney Gen^H wjlo for his Majesty in this behalf prosecuteth take nothing by
the Writ af^d and that the said William Stone goe thereof without Day.

And also it is Considered by the Justices here that the said William
Stone recover against Philemon Lloyd Esq^r (at whose request this Action
was brought) the sum of Nine hundred and ninety Seven pounds of Tobacco
by the Court here Adjudged unto him for his Costs and Charges [572] by
him the said William Stone about his defence in this behalf laid out and
Expended according to the forme of the Statute in that Case made and pro-
vided etc:

Afterwards to Wit in the same Court or term the af^t Philemon Lloyd
Esq^r by Thomas Bordley his Attorny prays an Appeale from the Judgment
of this Court so as af^d Rendred to the high Court of Appeales which is
granted upon giving Security for the due prosecution thereof According
to Law.

Thereupon afterwards in the same Court or term Thomas Bordley Esq^r
and Vachel Denton both of the City of Annapolis Came into Court and Ac-
knowledge themselves to Owe and Stand Justly Indebeted unto the said Wil-
liam Stone in the sum of ten thousand pounds of Tobacco to be Icvycd on

their body Goods or Chatties Lands or tenements to the use of the said W^m
Stone According to Law.

In case the said Philemon Lloyd Esq^r does not prosecute his said Appeale
with Effect according to Act of Assembly in that Case made and Provided.

In Testimony whereof I have hereunto sett my hand and Affixed the
Seale of the Provincial Court this 8^th day of October Anno Domi 1722.
[Provincial Seale] Vachel Denton Clk Cur Provin*.

Afterwards to Wit on the Second Wednesday of October being the
tenth day of the same month Anno Domi Seventeen hundred and twenty
two Thomas Bordley Esq^r who at the request of Philemon Lloyd Esq^r who
for the Lord the King in this behalf prosecuteth Sayth That in the Record