MARYLAND COURT OF APPEALS 401

the aforesaid Thomas Gassaway from the Said first Tuesday of May at the
City of Annapolis aforesaid Untill the third Tuesday of July Anno Dom
Seventeen hundred and Twenty three to hear their Judgment of and upon
the premises for that his Said Lordships Court of Appeals here are not as yet
advised. At Which Said third Tuesday of July Anno Domini Seventeen
hundred and Twenty three before his Lordships Governour and Council
Sitting at a Court of Appeals and Errors at the City afore Said Comes as well
the Said John Gresham Daniel Dulany and Thomas Humphrys by their At-
torney aforesaid as the Said Thomas Gassaway by his Attorney aforesaid And
Whereupon Mess^rs Richard Tilghman Mathew Tilghman Ward and Benja-
min Tasker the Referees aforesaid make there Report thereon to the Court
in these Words following and as to the Second Action for as much as it ap-
pears that the Execution for the Costs upon the Judgment of the Land Comis-
sioners which occasioned the Supersedias upon which this Action is grounded
was Illegally obtained there not being a Sufficient Number of the Land Com-
missioners present when the Same was Awarded and for that the Said John
Gresham had Legally obtained a Reveiw thereupon which was not deter-
mined before the Law for Ascertaining the Bounds of Land was repealed So
that it does not appear to us whether the Said John Gresham was Tresspasser
Against the Said Thomas Gassaway or not neither is it possible for us now to
inquire into the Same and for that both parties were Instrumental in Caus-
ing the Services to be done upon Which that Cost Accrued we are humbly of
opinion that each partie ought to bear an Equal part of that Cost taxed by
the Land Commissioners being Twelve Thousand Six hundred and Sixty
four pounds of Tobacco and thereafter that the Said Thomas Gassaway re-
cover from the Said John Gresham Daniel Dulany and Thomas Humphrys
the one Moity thereof being Six Thousand three hundred thirty and two
pounds of Tobacco together with his Cost Expended in this Court and the
Provincial Court.

R^d Tilghman
M:S:Ward
Benj" Tasker

[607] 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 Daniel Dulany and
Thomas Humphrys for Errors Assigned for that it Seems to his Lordships
Court now here that neither in the Record and process aforesaid nor in Ren-
dering the Judgment aforesaid it is in any wise Erred and that Record in
Nothing Vicious or Defective in Law It is Therefore Considered that the
Judgment aforesaid in every thing be Confirmed and Stand in 'tis full force
and Effect the aforesaid Causes and Matters for Errors above Assigned in
any Wise Notwithstanding and it is further Considered by his Said Lord-