406 MARYLAND COURT OF APPEALS

of Tobacco his Damages recovered in the plea af^d as the Sume of Twelve
hundred and Seventy three pounds of Tobacco Costs of Suit in the Judgment
a£^d Specifyed As Also the Sumc of Seven Thousand Nine hundred and
Seventy Seven pounds of Tobacco Costs Accruing due from the Said Gilbert
Powlson on the due prosecution of the writt of Attachment aforesaid etc.

Thereupon Daniel Dulany Esq^r Attorney for the Said Jonathan Fore-
ward moves that there may be no Condemnation Against the Said Thomas
[611] Cockey on the Attachment af^d because a Writt of Error hath been
brought this Court (returnable to the high Court of Appeals) to Correct the
Errors as Well in Rendering the Judgment as in Awarding the Execution
thereon w^ch motion made as af^d by the Said Daniel Dulany is Entered at his
request. Whereupon for that it Seems to the Court here that the Writt of
Error af^d is no Supersedeas to the proceedings ag^t the Said Thomas Cockey
on the Attachment af^d It is Ruled by the Court here that the Said Thomas
Cockey appear and plead or that the Sums So as af^d Attached in his hands be
Condemned. Thereupon the af^d Daniel Dulany offered his Appearance for
the Said Thomas Cockey the Garnishee and prays an Imparlance (Which
Motion was made the last Day of the Court to Witt the 22^d day of Aprill 1721
At Which time the Court gave the rule for the Said Thomas Cockey to appear
and plead as af^d) But for that it appears to the Court here by the Oath of the
Sherriff that the Said Thomas Cockey has had a Copy of the Attachment af^a
delivered him a Considerable time before the Court with an Endorsement
of Notice thereon that the Plft Expected a tryal this Court and for that the
Said Thomas Cockey does not plead nor shew any further Cause to the
Contrary of Such Condemnation It is Therefore considered by the Justices
here the 22^d day of Aprill Anno Dom 1721 af^d That the Said Sumes of Six
hundred pounds Ster^l and thirty Thousand pounds of Tobacco So as af^d
Attached in the hands of the Said Thomas Cockey be Condemned in the
hands of the Said Thomas Cockey as of the Rights and Creditts of the Said
Jon^a Forward to Satisfye unto the Said Gilbert Powlson as Well the Sume
of Six hundred Pounds Ster^l and Six Thousand four hundred and fifty one
Pounds of Tobacco his Damages recovered in the plea af^d as the Sume of

Twelve hundred and Seventy thcc pounds of Xobacnj Gusts <jf Suit In the

Judgment af^d Specifyed as also the Sum of Seven Thousand Nine hundred
and Seventy Seven Pounds of Tobacco Costs of Suit Accruing on the due
prosecution of the Writt of Attachment af^d etc. And that he have thereof
his Execution Against the Said Thomas Cockey According to Act of Assem-
bly etc. Mem^d The PIP by his attorney af^d releases out of the above Judgment
what is more than Satisfies his Damages and Costs in the plea af^a etc. After-
w^ds To witt the Same Court or Term the af^d Daniel Dulany as Attorney
of the Said Jonathan Forward prays an Appeale from the Judgment of this
Court So as af^d Rendered to the high Court of Appeales which is granted
upon giveing Security for the Due prosecution thereof According to Law.