MARYLAND COURT OF APPEALS 433

thereof are not as yet advised. At which Said Twenty fifth day of Feb^ry Anno
Dom Seventeen hundred and Twenty three af^d before his Lordships Gover-
nour and Council af^d Sitting as a Court of Appeals and Errors at the City of
Annapolis af^d Comes as Well the Said Dorothy Smith Ex^r* af^d by her Attorney
af^d as the Said Mary Hemsley Ex^rx af^d by her Attorney af^d and because his
Lordships Court of Appeals and Errors now hereof their Judgment of and
upon the premisses to render are not as yet Advised further day is given to
the af^d parties from the Said Twenty fifth day of Feb^ry at the City of Annapo-
lis af^d untill the Second Tuesday of July then next being the fourteenth day
of the Same Month Anno Dom Seventeen hundred and Twenty four to hear
their Judgment of and upon the premisses for that his Said Lordships Court
of Appeals and Errors here thereof are not as yet advised. At which Said

Seronrl Tiipsrlay nf July being the fourteenth day of the Same Month Anno

Dom Seventeen hundred and Twenty four before his Lordships Governour
and Council Sitting as a Court of Appeals and Errors at the City of Annapo-
lis af^d Comes as well the Said Dorothy Smith Ex^rx af^d by her Attorney af^d as
the Said Mary Hemsley Ex^rx af^d by her Attorney af^d And Whereupon all and
Singular the premisses by the Said Court now here being Seen and fully
Understood and dilligently examined and Inspected and Mature delibera-
tion being thereupon had It appears to his Said Lordships Court of Appeals
and Errors now here that in the Record and process af^d as also in the Render-
ing the Judgment af^d it is Manifestly Erred Therefore It is Considered that
the Judgment af^d rendered in the Provincial Court against the Said Dorothy
Smith Ex^rx of the Said John Smith {or the Errors a£^a above Assigned and
others in the Record and process being be Revoked Annulled and altogether
held for none and that the Said Dorothy Smith Ex^rx af^d to all things She by
the Judgment af^d hath lost be restored. Whereupon afterw^ds on the Six-
teenth day of July Anno Dom Seventeen hundred and Twenty four in the
Same Court or term John Bagby at Whose request the Said Action was
brought in the Prov» Court Comes hereinto Court and humbly prays that he
may admitted to Swear to his Circumstances in order to his Admittance to
prosecute an [634] appeale in forma pauperis which is allowed him. And
Whereupon he the Said John Bagby Comes into Court and Makes Oath that
he is not worth five pounds Ster^l money his Wearing apparel Excepted.
Whereupon Thomas Bordley of Councell for the Said John Bagby informs
this Hon^ble Court that his Client has desired him to Appeale from this Judg-
ment in the Name of William Rogers and Mary his Wife lately Called Mary
Contee who was the plaintiff in the Prov^l Court and has desired his Assistance
therein But forasmuch as the appeale is to be prosecuted in England and
that tho the Said Bagby be Admitted here in forma pauperis Yet that Ex-
penses in England will be necessary to Carry on the Affair for him in Eng-
land which he is not able to advance Therefore the Said Thomas Bordley
declares out of Charity to the man and love to Justice which he takes to be