424 MARYLAND COURT OF APPEALS

Appeale with Effect According to Act of Assembly in that Case made and
Provided.

In Testimony Whereof I have hereunto Set my hand and affixed the
Seale of the Provincial Court this tenth day of May Anno Dom 1723

Vachel Denton Cl Cur Provin.

And Now here this day To Witt on the io^th day of May Anno Dom 1723
Comes the Said John Bush Into his Said Lordships Court of Appeals and
Errors by Daniel Dulany his Attorney and Saith that as well in the Record
[626] and process and alsoe in the af^d matters in the af^d Bill of Exception re-
cited and Comprehended and also in rendering the Judgment aforesaid it
is manifestly Erred Especially in this that the aforesaid Chief Justice and his
Associates before Whom the Issue aforesaid was tryed did not inform the
Jurors of the af^d Jury that the Matter aforesaid So as aforesaid given in Evi-
dence by the Said Daniel Walker Was not Sufficient in Law to mantain the
Issue aforesaid on the part of him the Said Daniel It is Erred in this that
the Said Chief Justice and his Associates Did not inform the Same Jurors that
the matters aforesaid So as aforesaid given in Evidence by the Said John
Bush were good and Sufficient in Law to mantain and prove the Issue afore-
said on the part of the Said John Bush. It is Erred in this that the Judgment
aforesaid was rendered for the Said Daniel against the Said John whereas by
the Law of the Land Judgment Ought to have been rendered for the Said
[sic] Against the Said Daniel And prays that the Judgment aforesaid for the
Errors aforesaid and others in the Record and process aforesaid being be
revoaked annulled and held for none and that he to all he by that Judgment
Lost may be restored And that the Said Daniel to the Errors aforesaid may
rejoine and that the Court here will proceed to Examine as well the Record
and process aforesaid as the Matters aforesaid for Errors Assigned.

D. Dulany.

And Whereupon the Said Daniel Walker Lessee of the Said Thomas
Robins by Thomas Bordley his Attorney Saith that Neither in the Record
and process aforesaid nor in the Matters therein Contained Nor in rendering
the Judgment aforesaid it is in anywise Erred and Likewise prays that his
Said Lordships Court of Appeals and Errors here proceed to the Examina-
tion as well of the Record and process aforesaid as of the matters aforesaid
above for Error Assigned and that the Judgment aforesaid in every thing
may be affirmed. But Because his Lordships Court of Appeals and Errors
here of rendering their Judgment of and upon the premisses are not as yet
advised day is thereof given to the parties aforesaid before his Lordships Gov-
ernour and Councill aforesaid from the Said io^th day of May Anno Dom 1723
at the City of Annapolis af^d untill the 3^d Tuesday of July then Next being
the i6^th day of the Same Month Anno Dom 1723 to hear their Judgment of
and upon the premisses for that his Lordships Court of Appeals and Errors
here thereof are not as yet advised. At Which Said i6^th day of July Anno