MARYLAND COURT OF APPEALS 507

Some order for the preventing the Said Powlson from the use of those Bills
or from their being applyed to Satisfye his Creditors According to the Act af^d
for his relief on which there was a long Argument betwixt the Councill on
both Sides and the motion after hearing was rejected. That this Defendant
never heard dureing the Course of his Long Acquaintance w^th the practice
of the Law in this Province that Ever an Appeale to England from this Prov-
ince Stopt or delayed Execution of the Judgment Appealed from and this
defendant believes it never did but that those Judgments that were rendered
here were always Expected to be Complyed with here Notwithstanding the
grant of any appeale the better to discourage Such appeals as are too fre-
quently prayed only for delay or the gratifying Litigious homours [sic] in
Apellants to the Needless trouble of the Superiour Judicatures and Great Mo-
lestation and Disturbance of the Subjects Security in the Laws of their Coun-
try who are Lyable to be drawn unto unreasonable Measures or the giveing
up their Right rather than to Undergo the Fatigue and Charge of Defending
their Suits in England where (as it is perhaps Erroneously received here) the
Judiciall proceedings of the Plantations are often reverst for Irregularities
in the manner and form of them tho the Judgments or decrees themselves
be right in Substance and agreeable to the Very Right and Merit of the
Cause. That this Defendant hopes the Opinion of the S^d Court of Appeals
in respect to the S^d Bills is fresh in memory and that by the Security Taken
on granting the appeale from that Judgment w^ch Security was not for the
Debt and Costs already recovered but only for Such Costs as Should b* there-
after adjudged to the S^d Powlson on the Complainants failure to prosecute
the Appeale with Effect and in Case the S^d Judgment Should not be reverst
as well as otherwise It will appear that there was no Intent in that Court to
Act Contrary to the Usage in this Case nor any Speciall order made to hinder
the S^d Powlson from the full benefitt of his Executions Executed by pretext
of Such Appeale. And this Defendant further Saith that he Conceives the
first mentioned Bills were paid in Satisfaction of the Execution of the Judg-
ment at Law for Condemnation Ag* Cockey w^ch Condemnation he conceives
was of Forwards Effects in Satisfaction of the Judgm^t ag^t Forward and w^ch
Bills were only Stayed in the Sherriffs hands by the Injunction (as it is usual
in England to Lodge money and Stay it there in Extraordinary Cases) till
the matter Should be heard in Equity that the money or Bills therefore were
no otherwise Stayed [701] In the Sherriffs hands or keept from Powlson than
by the Injunction af^d that Therefore after that Injunction was Dissolved this
Defendant Cannot conceive what made it unlawfull or unreasonable for
Powlson to Apply That Money to the paying his Debts and for obtaining his
Liberty or for this Defendant or any other Creditor to receive it from him
and this Defendant Much Doubts that (tho he is free from the Combination
Charged the greatest Expectation the Complainant has of Success in this
Cause is from Some Advantageous Combination on his part whereby he