MARYLAND COURT OF APPEALS 375

And the said Samuel Howard by Michael Howard his Attorney Comes
and defends the foicc and Injury when etc; And prays Leave to Imparle
hereunto untill next Court and he hath it and the Same day is given to the
Plantiff Alsoe.

Att which said next Court to Witt the io^th day of October Anno Domi

1721 Come again the said Parties Pit: and Def^f by their Attorneys af^d and the
said DeP by his said Attorney prays further leave to imparle hereunto untill
next Court and he hath it and the same day is given to the Plantiff Alsoe.
Att which said next Court to Witt the io^th day of April Anno Domi:

1722 Comes again as well the said Edmond Benson lessee of the said Henry
Sewell by his Attorney af^d as the said Samuel Howard by his Attorney af^d
And the said Samuel Howard by his said Attorney as before defends the force
and Injury when etc: and Says that he is not in any wise Guilty of the Tres-
pass and Ejectment af^d as the plantiff above against him hath declared and
for tryall thereof putts himself upon the Country. And the Plantiff likewise.

Thereupon Command is given to the Sherriff of Annarundell County
that he immediately cause to come here twelve etc: by whom etc: who neither
etc: to Recognize etc: because [578] as well etc: Off which said precept the
said Sherriff to Witt Henry Lazenby Gent (Now here at this day to Witt the
same day and year last mentioned) make return that he hath here ready
twelve etc: as by his precept he was Command And now here afterwards to
Witt the same day and year comes as well the said Pit, by his s^d Attorney as
the said Defend^t by his said Attorney And the Jurors of that Jury impanneled
being called likewise come to Wit Henry Dick, Peter Mercy, James Weyatt,
James Duke, Christ¹ Granger, Mathew Collier, James Chaires William Jones,
Benjamin Cox, Barton Hungerford, Thomas Smoot, and William Marlow
who being Elected tryed and Sworne to say the truth in the premisses and
before the same Jury went from the Barr the said Edmond Benson lessee of
the said Henry Sewell by his Attorney af^d pray'd the Court here to direct the
Jury to find for the Plantiff which the Court here refuseing to do he the said
Edmond Benson lessee of the said Henry Sewell pray'd the same Court to
Signe a Bill of Exceptions on the part of Either partie to be drawn up in
form which the Court here allowed of.

And thereupon the same Jurors so as af^d Elected tryed and Sworne to
say the truth in the premisses upon their Oath do say That the said Samuel
Howard is not Guilty of the Trespass and Ejectment af^d as the Plantiff above
against him hath Declared.

Whereupon the Bill of Exceptions so as af^d pray'd for being drawn up
in form is tendred by the said Edmond Benson Lessee of the said Henry
Sewell by his Attorney af^d to the Justices here to be by them Signed and
Sealed And thereupon the Justices here the same bill of Exceptions with
their Seales have Sealed and to this Record have Annext the tenor of which
follow in these words Viz^t Be it remembered that in April Provinciall Court
in the Sixth year of his Lordships Dominion and in the Year of our Lord God