MARYLAND COURT OF APPEALS 381

Sewell the Lessor the sum of Seven hundred and ninety Seven pounds of
Tobacco by the Court here Adjudged unto him for his Costs and Charges
by him about his Defence in this behalf laid out and Expended according
to the form of the Statute in that Case made and Provided etc:

Afterwards to Wit in the same Court or term the af^d Henry Sewell the
Lessor by his Attorney af^d prays an Appeale from the Judgment of this Court
so as af^d rendred, to the high Court of Appeales which is granted upon giv-
ing security for the due prosecution thereof According to Law.

Thereupon afterwards in the same Court or term the said Henry Sewell
together with Edmond Benson and Turner Woolen Gent: his Surities came
into Court and Acknowledged themselves to Owe and stand Justly indebted
Joyntly and Severally unto the said Samuel Howard in the sum of ten thou-
sand pounds of Tobacco to be levyed on their bodys goods or Chatties Lands
or tenements to the use of the said Samuel Howard according to Law. In
case the said Henry Sewell 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 Set my hand and Affixed the
Seale of the Provinciall Court this io^th day of October Anno Domi: 1722.
[Provincial Seale] Vachel Denton Clk Cur: Provin.
[586] And now here this day To witt the Second Wednesday of October
being the Tenth Day of the Same Month Anno Domini Seventeen hundred
and Twenty Two Comes Edmond Benson Lessee of Henry Sewell into his
Lordships High Court of Appeals and Errors by Thomas Bordley his Attor-
ney and Saith that in the Record and process aforesaid and also in the Ren-
dering the Judgment aforesaid it is manifestly Erred. In this To Witt that
the Provincial Court Charged the Jury contrary to the Exception of the S^t
Lessee and Against Law in Chargeing them to find the Estate of the Lands
in Contest to be a fee Simple derived to the Said Samuel Whereas it is really
a fee tail Vested in the Said Henry the Lessor to the Plaintiff Wherefore for
that the Said Court directed the Said Jury Erroneously in a point of Law as
appears by the Bill of Exceptions af^d the Verdict and Judgment thereon
rendered are manifestly Erronious.

Also in this that the Verdict and Judgment are rendered for the Said
Samuel Howard against the Said Henry his Lessee Whereas they Ought by
Law to have been rendered for the Said Henry his Lessee against the Said
Samuel Howard, for Which Errors and many more in the record and process
afores^d and also in the rendering the Judgment aforesaid the Said Lessee
prays that the Same Judgment be Annulled reverst and altogether held for
none and that he to all things which thereby he hath lost may be restored etc.

And the Said Thomas Bordley prays his Lordships Writt to forwarn the
Said Samuel Howard to be before his Lordships Governour and Council at
Annapolis to hear the Record and process aforesaid and it is granted unto
him Therefore Command is given to the Sherriff of Annarundell County