MARYLAND COURT OF APPEALS 511

According to the Rule af^d the Severall Motions following were made and
Ordered to be Entered Viz^t On the Motion of M^r Dulany of Councill with
the Complainant praying that an Entry be made that in February Court
when the rule was made for an hearing of [704] This Cause upon Bill an-
swer and Demurrer as by Consent of Both parties he was not in Court nor
Consenting to that rule but was then rendered incapable of practiseing by
an Act of Assembly made Last October Untill he Should have Taken An
Oath perscribed by that Act Which Oath he the S^d Dulany Taken he De-
clares that he believes it Would have Involved him in the Guilt of Perjury.

Edmond Jennings also of Councill for the Said Forward Was not in
Court at the S^d Motion nor Consenting to the S^d Rule being rendered also
Incapable to practise at That time

The Defendant Conceives that the aforegoing Rules tend to the Charge-
ing him with taking Some Advantage Ag^t the Compl^t on the Rule for hearing
one Bill and answer and for Want of their Assistance at That time offers
himself ready to prove any fact that is alledged In his answer that Shall be
Denyed by them in the Course of the Arguments on this hearing if Such facts
be Materiall in the Cause So as the Delay of a Court or Term be not Occa-
sioned thereby and also to Allow of any Records to be produced in the Case

Thereupon the S^d Cause Comeing to be heard and Argued as af^t before
his Honour Charles Calvert Esq^r Chancellor and keeper of the great Seale in
the presence of the Complainants Councill and of the Defendant in proper
person the Complainants Bill and the Defendants answer and Demurrer
thereto and the Whole proceedings thereon were Read and Appeared to be
as before Set forth

Whereupon and upon a full hearing of the Bill Answer and Demurrer
af^d and of the allegations and Arguments of both parties and upon Mature
Consideration Thereupon had by his Honour the Judge here It's Ordered
Adjudged and Decreed that the Complainants S^t Bill be Dismist and that
the Complainant pay unto the S^d Defend^t all his Costs and Charges by him
in the S^d Cause Laid out and Expended

Whereupon M^r Patrick Sympson Agent to the S^d Complainant present
here in Court at the giveing the S^d Decree on behalf of the Said Complainant
appealed from the S^d Decree to the Governour and Councill in Chancery.
And Thereupon the Said Appeale is Accordingly granted upon giveing good
Security in One hundred pounds Sterling for the prosecution of the Said
Appeale.

Copia Vera

Per R^d Clagett Reg^r

And Thereupon Afterw^ds To witt on the Same Nineteenth Day of May
Seventeen hundred and Twenty Six in the Same Court of Appeals here the
Said Jonathan Forward appeared by Michael Macnemara his Council and
the Said Thomas Bordley Likewise appeared in his proper person There-