520 MARYLAND COURT OF APPEALS

your petitioner in the Prov^l Court together with the Cost that had been Ad-
judged in the Said high Court of Appeals and Errors and Shall be Awarded
by his Majesty in Council to be paid to Said Bordley by Your Petitioner in
Case the Said Judgment of the Court of Appeals Should be Affirmed which
Said Security was approved of by the Said Court of Appeals and the appeale
on the Said fourth Day of June was thereupon granted That on the allow-
ance of the af^d Appeale Altho the Said Thomas Bordley was present in Court
and Ninian Mariarte Son to Daniel Mariarte Gent High Sherriff of Ann-
arundell County one of the Under Sherriffs of the Said County and the Clerk
of the Provincial Court were all present on granting thereof your Petitioner
to prevent his being taken on Execution Or his Effects Seized by Virtue of
the af^d Judgments Served the Said Bordley the Under Sherriff af" and the
Clerk of the Provincial Court Severally with an Attested Copy Under the
hand of the Clerk of the Court of Appeals of a Minute of the allowance of
the af^d Appeale and Affidavit of the Service thereof herewith Produced
appears.

That Notwithstanding Whereof on the Sixth day of June last Your Peti-
tioner by Virtue of a Writt of Capias ad Satisfaciendum Most Unduely and
Improvidently taken out of the Provinciall Court On the Judgment recov-
ered by the Said Bordley Against your Petitioner by Daniel Mariarte Gent
high Sherriff of the County af^d in Contempt of the Appeale and Supersedeas
af^d And Notice af" to him and them given hath been falsly taken in Execu-
tion and Imprisoned and Still keept in Close prison in the Goal of the City
of Annapolis Contrary to all the Right of all his Majestys Subjects and the
Laws of Great Brittain and this Province That on rendering That on ren-
dering [sic] Judgment Against your Petitioner in the Provincial Court Daniel
Dulany and Edmond Jennings Gent Your Petitioners Attorneys Did Appear
and prayed an Appeale from that Judgm^t to Your Excellency and Honours
in the Court of Appeals in Which Court they were Practitioners and At-
tended thereon and proceeded thereon in the Cause that 'they Ordered the
Transcript of the Judgment to be made out and Charged their fees to your
Petitioner that Nevertheless on the Tryal of your Petitioners Cause in the
Said Court the Said Attorneys declined to be any further Concerned therein
And dureing the whole Time of this your Petitioners Confinement he has
been Destitute of Council Particularly of those to whose Council and advise
he beleives he is intituled to by Law and oblidged to Imploy other Council
who were Intirely Unacquainted with the Circumstances of your Petitions
Cause Wherefore he prays Minute may be thereof made and that your Ex-
cellency and Honours will be pleased to give your Opinions in relation
thereto Your Petitioner Likewise Conceives it is Agreeable to reason [713]
And no Ways repugnant to Law Wherever a Judgment is unduly recovered
or Judicial process Unduly or Erroneously Issued The Court before whom