MARYLAND COURT OF APPEALS 407

Thereupon Afterw^ds in the Same Court or Term Mary Hemsley of the City
of Annapolis Widdow and Thomas Cockey Patrick Sympson and James
Govane of Ann^l County Merch^ts Come into Court and Acknowledge them-
selves to Owe and Justly indebted unto the Said Gilbert Powlson in the Suine
of Twelve hundred Pounds Ster^l and Sixty Thousand Pounds of Tobacco to
be Levyed on their body Goods or Chatties Lands or Tenements to the use
of the Said Gilbert Powlson According to Law. In Case the Said Jonathan
Forward does not prosecute the Said Appeale with Effect According to Act
of Assembly in that Case made and provided.

In Testimony that the aforegoing is a true Copy of the proceedings in
the affair af^d I have hereunto Set my hand and Affixed the Seale of the Prov^l
Court this i8^th day of July Anno Dom 1722

Vachel Denton Clk Cur Pvin.

Afterw^ds to Witt on the Nineteenth day of July Anno Dom 1722 Daniel
Dulany Attorney of the Said Thomas Cockey Garnishee of Jonathan For-
ward Saith that in the Record and process and rendering the Judgment af³
it is manifestly Erred It is Erred in this that the Said Thomas Cockey was
denyed the Liberty of Appearing and pleading to the Said Attachment which

by the Law of the Land he was cntitulcd unto. It is Erred in this that the

Provincial Court Contrary to the Law of the Condemned the Said Thomas
Unheard Altho he was ready and Offered to [612] Answer According to Law
and the known usage and practice of the Provincial Court for which and
many other Errors as well in the Record and process as in the Rendering the
Judgment af^d the Said Thomas Prays that the Judgment be reversed and held
for none and the Said Thomas to all he thereby lost may be Restored.

D Dulany

And the Said Daniel Dulany prays his Lordships Writt to forewarn the
Said Gilbert Powlson to be before his Lordships Governour and Council at
Annapolis to hear the Record and process aforesaid as it is granted unto him
Therefore Command is given to the Sherriff of Annarundell County that he
Should make it known to the Said Gilbert Powlson that he Should be before
the Said High Court of Appeals to be held at the City of Annapolis the
Second Wednesday of October being the tenth day of the Same Month Anno
Dom Seventeen hundred and Twenty two to hear the Record and process
af^d if to him it Should Seem meet and the Same day is given to the Said Gil-
bert Powlson also. And Which Said Second Wednesday of October Anno
Dom Seventeen hundred and Twenty two before his Lordships high Court
of Appeals af^d at the City of Annapolis af^d Came as well the af^d Thomas
Cockey by his Attorney af^d as the af" Gilbert Powlson by Thomas Bordley his
Attorney and the Sherriff af^d did not Send the Writt And Thereupon the Said
Jonathan Forward Saith that in the Record and process aforesaid as also
in Rendering the Judgment aforesaid it is Manifestly Erred alledging the
Errors af^d by him the Said Jonathan Forward in forme af^d above Alledged