394 MARYLAND COURT OF APPEALS

Eodem Die July 22^d 1723

[D.D.] John Gresham Daniel Dulany and Thomas Humphreys

v
[TB:] Thomas Gassaway

His Lordships Justices of the Provincial Court Transmitt to his Lord-
ships Gov^r and Council of the Province aforesaid Sitting as a Court of Ap-
peals and Errors the following Record on an Appeale made by the Said John
Gresham Daniel Dulany and Thomas Humphreys from the Judgment of
the Provincial Court rendered for the said Thomas Gassaway against them.
The Tenor of which follows in these words Ss.

In the Records and proceedings of the Provincial Court of Maryland
amongst other things is Contained as follows Viz^t

At a Provincial Court held at the City of Annapolis in the County of
Annarundell for the Province of Maryland on the Second Tuesday of Aprill
being the io^th day of the Same Month in the Seventh year of the Dominion
of the Right Hon^ble Charles absolute Lord and Proprietor of the provinces
of Maryland and Avalon Lord Baron of Baltemore etc. Annoque Domini
1722

Were Present: The Hon^ble Coll Samuel Young Chief Justice; James Stoddart
Esq^r; W^m Lock Esq^r, Justices. Henry Lazenby Sher. Vachel Dentone Clk

[T:B:] Thomas Gassaway v [D:D:] John Gresham Daniel Dulany and
Thomas Humphreys Esq^rs

Memdum the Said John Gresham Daniel Dulany and Thomas Hum-
phreys Esq^rs Sued out his Lordships Writt of habeas Corpus the Tenour of
which follows in these words Viz^t

MARYLAND ss^t Charles absolute Lord and proprietor of the provinces
of Maryland and Avalon Lord Baron of Baltemore etc. To the Justices and
Sher of Ann" County Greeting Whereas a Certain John Gresham of Ann-
arundell County Esq^r Daniel Dulany of Annarundell County Esq^r and
Thomas Humphreys of Annarundell County Gent als Dicti John Gresham
Daniel Dulany and Thomas Humphreys are detained in the prison of our
Said County under the Custody of you our Said Sher at the Suit of a Certain
Thomas Gassaway in a plea of Debt for the Sum of Twelve Thousand Six
hundred and fifty four pounds of Tobacco which Said plea as it is Said Still
depends before you our Said Justices undetermined And We being Willing
for divers Causes that the plea aforesaid Undertermined as aforesaid Shall be
heard and Determined before the Justices of our Provincial Court There-
fore [600] Command you that you have the bodys of the Said John Gresham
Daniel Dulany and Thomas Humphreys by Whatsoever name they be called
in the plea aforesaid together with the Day and Cause of their Caption and