MARYLAND COURT OF APPEALS 393

of and upon the Premisses to render are not advised further day is given as
well to the Said John Gresham as the aforesaid Thomas Gassaway from the
Said first Tuesday in May at the City of Annapolis aforesaid untill the third
Tuesday of July Anno Domini Seventeen hundred and Twenty three to
hear the Judgment of and upon the Premisses for that his Said Lordships
Court of Appeals here thereof are not as yet advised. At which Said third
Tuesday of July Anno Dom Seventeen hundred and Twenty three before
his Lordships Governour and Council Sitting at [sic] a Court of Appeals and
Errors at the City aforesaid Comes as well the Said John Gresham by his At-
torney aforesaid as the Said Thomas Gassaway by his Attorney aforesaid.
And Whereupon Mess™ Richard Tilghman Mathew Tilghman Ward and
Benj^a Tasker the Referees aforesaid make their Report thereon to the Court
in these words following — 22^d July 1723. To the Honourable High Court
of Appeals for the Province of Maryland. We the Subscribers being ap-
pointed to Audite State and determine all Accounts and Disputes relating to
Two Actions now depending in the Said Court (the one between the Said
John Gresham and Thomas Gassaway and the other between the Said John
Gresham Dan" Dulany Thomas Humphrys and the Said Thomas Gassaway
do Certifye that we Examined all Accounts depending between them relat-
ing to the first Action and do find there is a Ballance due to the Said Thomas
Gassaway from the Said John Gresham Amounting to the Quantity of Sixty
Pounds of Tobacco as appears by the within Account and are humbly of
Opinion that the Judgment in the Provincial Court be Affirmed together
with the Costs Accruing in this Court in the inferior Court. Whereupon
all and Singular the premisses by the Court being Seen and fully understood
and Dilligently Examined and Inspected as well the Record and process
aforesaid as the Judgment thereupon Rendered as the Causes and Matters
above by the Said John Gresham for Errors Assigned for that it Seems to his
Said Lordships Court now here that Neither in the Record and process
aforesaid nor in Rendering the Judgment aforesaid it is in anywise Erred and
that Record in Nothing Vicious or Defective in Law It is therefore Consid-
ered that the Judgment aforesaid in every thing be Affirmed and Stand in its
full force and Effect the aforesaid Causes and matters for Errors above As-
signed in any Wise Notwithstanding and it is further Considered by his Said
Lordships Said Court Now here that the Said Thomas Gassaway recover of
the Said John Gresham pounds to the Said Thomas Gassaway by
the Court here [599] now of his Assent Adjudged According to the form
of the Statute thereof Lately made and provided for his Costs and Charges
Sustained by reason by reason [sic] of the Delay of the Execution of the Judg-
ment aforesaid by pretext of prosecuting his Lordships Writt of Error and
that the Said Thomas Gassaway have therof his Execution etc.