436 MARYLAND COURT OF APPEALS

The Court adjourns untill to morrow morning 8 a Clock forenoon
Wednesday February the 17^th 1724/5. The Court meet According to Ad-
journment.

Present: His Honour the Governour; The Hon^rble Samuel Young Esq^r;
John Rousby Esq^r; Co* Rich^d Tilghman; John Hall Esq^r; Co^l Tho^s Addison;
Benj" Taskci Esq", of the Council

This Day his Honour the Governour produced to this Court an order
of his Majesty in Council of the 4^th of July 1724 Which is as follows.

[Locus Sigilli] At the Court at Kensington the 4^th day of July 1724

Present The Kings most Excellent Maj^ty

Lord Chancellor Lord Viscount Townsend
Lord President Lord Bishop of London
Lord Privy Seale Lord Carteret
Lord Chamberlain M^r Vice Chamberlain
Duke of Newcastle M^r Chancell^r of the Exchequer
Earle of Cadogan Lieut. Generall of the Ordinance

S^r Robert Sutton

[637] Upon reading this day at the Board a Report from the Right Hon^ble
the Lords of the Committee for hearing Appeals from the Plantations dated
the 17^th of June last in the words following Viz^t

In pursuance of an order in Councill of the 2i^st of Febry last referring
to this Committee the humble Petition and Appeale of Jonathan Forward of
London Merchant Against Gilbert Poulson from Maryland. Their Lordships
Appointed this Day for Considering the Same And do find the Said Petition
Setts forth (int alia) that on 5^th September 1717 the Appellant entered into
Charter Party With the Said Gilbert Poulson Master of the Ship Dolphin
for the Freight of the Said Vessell for Transportation of one hundred and
Thirty one Servants to Maryland or Virginia and to bring a Homeward
bound Cargo back from thence to the appellant Within Ten Days after De-
livery of Which Homeward bound Cargo in the Thames the Appellant was
to pay the Said Poulson after the Rate of Fifty Pounds per Month for Each
Month his Ship Should be out on the Said Voyage and According to Which
Agreement the Said Poulson Delivered the Said Servants in Maryland but
tho no part of the Ships Freight became due till the Ship Arrived in the
Thames and tho the appellants Factors had Shipt a back Loading on board
Poulson and Directed him to Sail for London and protested against him for
not doing So and tho the appellants Factor's there had paid the Said Poulson
a Considerable Sum of money. Yet the Said Poulson brought an Action in
the provincial Court there Against the Appellant for Three Hundred and
Sixty Pounds Seven Shillings and Six pence pretended to be due to him for
the Said Ships Freight and for non payment whereof he laid his Damages at
Seven hundred and Fifty Pounds Whereupon the 2O^th Sept^r 1720 the Court