442 MARYLAND COURT OF APPEALS

Hugh Eccleston did not make any Account of and upon his Said Adminis-
tration Within Twelve months from the Time of his Admittance thereto Or
at any Time before or after.

Lastly The Said Replication wanteth form.

And the Said Attorney Generall for that he hath above in pleading al-
ledged Sufficient matter in Law to have and Mantain the Action af^d for the
Said Lord the King Against the Said Henry Ennalls hath not Gainsayed nor
thereunto in any Sort Answered but the Same to Admitt for true hath Alto-
gether refused prays Judgment and the Debt af^a together With the Damages
Sustained by Occasion of Detaining that Debt to the Lord the King to be
Adjudged etc.

Whereupon all and Singular the premisses being by the Court here
Seen heard and fully Understood And Mature deliberation being thereupon
For that it Seems to the Court here that the plea of the Said Danel Dulany
Esq^r Attorney Generall as af^d above in Replying [642] pleaded and the Mat-
ter therein Contained are not Sufficient in Law for the Said Daniel Dulany
Esq^r Attorney Generall as af^d the Action af^d for the Said Lord the King
Against the King [sic] against the Same Henry Ennalls to have and and [sic]
Mantain.

Therefore It is Considered by the Justices here the ig^th day of May Anno
Dom 1724 af^d that the Said Lord King take Nothing by the Writt af^d and
that the Said Henry Ennalls go thereof without day.

And also It is Considered by the Justices here that the Said Henry En-
nalls recover against John Eccleston of Dorchester County at whose In-
stance this Action was brought the Sum of One Thousand and five pounds of
Tobacco by the Court here adjudged unto him for his Costs and Charges
by him about his Defence in this behalfe laid out and Expended According
to the form of the Act of Assembly in that Case made and provided. Where-
upon Daniel Dulany Esq^r his Lordships Attorney Generall as af^d at the In-
stance and request of the Said John Eccleston Prays an appeale from the
Judgment of this Court So as af^d rendered to the Honourable the Governour
and Councill of this Province Sitting as a Court of Appeals Which is Accord-
ingly granted upon giving Security According to the Direction of the Act
of Assembly in that Case made and provided. Thereupon the Said John
Eccleston together with Nathaniel Wright and Robert Hart his Sureties
Come into Court and enter into Bond for the due prosecution of the Said
appeale in Manner and form following Viz^t

1724

Know all men by these presents that we John Eccleston of Dorchester
County Nath^ll Wright of Queen Anns County and Robert Hart of Dor-
chester County in the province of Maryland are held and firmly bound unto
Henry Ennalls of Dorchester County Gent in the Penal Sum of Ten Thou-
sand Pounds of good Sound Merchantble Tobacco to be paid to the Said