426 MARYLAND COURT OF APPEALS

Sterling payable to the Said John Bush the plaintiff in Error in Case the Said
Dan^l Walker do not prosecute his Said appeale With Effect and the Security
to be taken by the Clerk of this Court.

Whereupon afterw^ts on the Twenty first day of October Anno Domini
Seventeen hundred and Twenty fuui in pursuance of the aforesaid Order
George Robins of Talbott County Gent and Edward Wright and William
Turbutt of Queen Anns County Gent Came before William Gumming Clk
of the aforesaid Court of appeals and Errors and Entered into Bond Jointly
and Severally to Owe and Stand Justly Indebted to the Said John Bush in
the Sume of fifty pounds Sterling to be paid to the Said John Bush on Con-
dition that in Case the Said Daniel Walker do not prosecute the Appeale
prayed as aforesaid With Effect.

Eodem die July 16 1724

John Smith ex^rl v John Contee's Ex"

Heretofore To Witt as it appears in the Records and Entries of this
Court To Witt the tenth Day of October Anno Domini Seventeen hundred
and Twenty two his Lordships Justices of the Provincial Court Transmitt to
his Said Lordship's Governour and Council of the province aforesaid Sitting
as a Court of appeals and Errors the following record on an appeale made
by Dorothy Smith of Calvert County Widow Executrix of the Testament of
John Smith of Battle Creek in Calvert County Gent by Daniel Dulany her
Attorney The tenor of Which follows in these Words Viz^t
[628] In the Records and Proceedings of the Provincial Court of Maryland
Amongst other things is thus Contained.

MARYLAND ss. At a Provincial Court held at the City of Annapolis in
the County of Annarundell for the Province of Maryland on the Second
Tuesday in Aprill being the tenth Day of the Same Month in the Seventh
year of the Dominion of the Right Honourable Charles absolute Lord and
proprietor of the Provinces of Maryland and Avalon Lord Baron of Balte-
more etc. Annoque Dom 1722.

Were Present: The Honourable Co^l Samuel Young Chief Justice; James
Stoddart Esq^r; William Lock Esq^r, Justices
Henry Lazenby Sherr Vachel Denton Clk.

[T:B:] Mary Hemsley Ex^rl of John Contee Esq^r v [D:D:] Dorothy Smith Ex^rl

of John Smith

MARYLAND ss. Dorothy Smith of Calvert County Widow Executrix of
the Testament of John Smith of Batle Creek in Calvert County Gent other-
wise lately called John Smith of Calvert County Gent was Summoned to
answer unto Mary Hemsley Widow Executrix of the Testament of John
Contee Esq^r late Chief Judge and Com^ry Generall for for [sic] probat of Wills