MARYLAND COURT OF APPEALS 491

Thereupon and for redress of the Same by an order of his Majesty in Councill
bearing date at his palace at Kingsington the 4^th day of July past made a Court
thereupon reading a Report of the Lords of the Committee for hearing ap-
peals from the Plantations dated the Seventeenth of June Last in the Words
following Viz⁽ In pursuance of an order in Councill of the Twenty first of
February last referring to this Committee the Humble Petition and Appeale
of Jonathan Forward of London Merchant against Gilbert Powlson from
Maryland their Lordships appointed this Day for Considering the Same
and do find the Said Petition Setts forth (Inter alia) that on the fifth Day
of September Seventeen hundred and Seventeen the Appellant Entred into
Charter Party with the Said Gilbert Powlson Master of the Ship Dolphin for
the Freight of the Said Vessell for Transportation of One hundred and
Thirty one Servants to Maryland and Virginia and to bring one homeward
Bound Cargo back from thence to the Appellant Within ten Days after de-
livering of Which homeward Bound Cargo in the Thames the appellant was
to pay to the Powlson after the Rate of fifty Pound per Month for Each
Month his Ship Should be out in the Said Voyage and According to Which
Agreement the Said Powlson 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 Factor had Shipt a back Loading on board
Powlson and Directed him to Sail for London and protested Ag^f him for not
Doing So and tho the Apellants Factors then had paid Said Powlson a Con-
siderable Sum of money Yet the Said Powlson brought an Action in the
Provinciall Court there Ag* 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 ac
Seven hundred and fifty Pounds Whereupon the Twentieth of Sept^r Seven-
teen hundred and Twenty the Court declared the Said Powlson Ought to
recover against the Petitioner the Damages he had Sustained in the premisses
and to Ascertain which a writt of Inquiry issued which was Executed and
Returned the Same Day whereby the Said Powlsons Damages besides his
Costs were Ascertained to Six hundred Pounds Sterling and Six Thousand
four hundred and fifty one [686] Pounds of Tobacco for his Damages as also
Twelve hundred and Seventy three Pounds of Tobacco for Costs that Powl-
son took out a Writt of Attachment upon the Said Judgment which was Ac-
tually Fvprnted Severall times over on the Appellants Effects in the hands of

his factors there and the Said Powlson also took out a fieri facias Ag* the
Appellant Whereupon the Petitioners Attorney brought a Writt of Error
Assigning Severall Errors in the Said Judgment proceedings and Execution
Notwithstanding Which Powlson Moved the Court for Condemnation of
the Petitioners Effects in the hands of Thomas Cockey one of his Factors So
attached as af^d to Satisfie Powlson the Said Judgment as also the Cost of the
Said Execution which the appellants Attorney opposed by reason of his hav-