MARYLAND COURT OF APPEALS 445
Whereupon Danl Dulany Esqr his Lordships Attorney Generall for and
on behalf of John Eccleston at whose instance and request the appeale afd
Was brought here prays an Appeale from the Judgment of this Court to his
Lordship the Right Honourable the Lord proprietary which is granted upon
giving Security.
This day Thomas Bordley Comes into Court and Acknowledges himself
to have been Served Sometime Since with a Copy of the Order of Reversal
yesterday produced by his Honour the Governour to this Court and that he
Does not Conceive himself a person Concerned therewith or or [sic] Affected
by it and that That answer may be Satisfactory or that their Honours would
be pleased to direct further therein.
The Court this Day taking into their Consideration the prayer of Daniel
Dulany Attorney on behalf of Jonathan Forward in relation to the order of
Reversal produced here Yesterday do in pursuance of the order of Reversal
hereby Order that process of Restitution Issue for the Said Jonathan Forward
against Gilbert Powlson in the order of Reversal mentioned for the restoring
him to all he has lost by the Judgments in the Said Order of Reversal men-
tioned.
The Court adjourns till to Morrow morning 10 of the Clock. Friday
Febry the i9th 1724/5. The Court meet According to Adjournment present
as yesterday.
Upon Mr Bordleys motion of yesterday Concerning the Kings order of
Reversal the following Quaere from his Honour the Governour to Mr Bordley
is ordered to be entered that Sd Bordley may answer the Same.
The Governour to Mr Bordley.
Why did you purchase the bills of Powlson drawn on Forward by Cockey
when you knew an Appeal lay before the King and Councill for the Same
and also very well knew that you Whispered the Clerk to fill up the Execu-
tion by which Captain Cockey in face of the Provl Court was taken (by which
Method you got those Bills for Powlson) Notwithstanding the Court had
granted him an Appeale and he had Suretys there ready for the Same.
The Same day Thomas Bordley gave in the following Answer to the
before going Quasre.
Sr I purchased the Bills because I have a long time made it a part of my
bussiness to Exchange money betwixt England and Maryland and that it was
Lawfull and in the way of my bussiness for me So to do and I paid Powlson
the Value before any appeale was prayed [645] to the King and Councill and
after I knew the bills Which Were only to be lodged in the Chancery till the
Matter was heard there were delivered out to Powlson after a hearing deter-
mined in Powlsons favour in the Chancery Court from which determination
Forward appealed to the Court of appeals in Chancery but Dismist his own
appeale here I ordered the Execution to be made out with all possible Expe-
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