MARYLAND COURT OF APPEALS 537

back well Laid on According to Law and that he be Taken etc. and there-
upon as to the Corporall punishment af^d. Command is given to the Sherr
of Ann^ll County af^a by the Court here that he Do Immediate Execution by
Setting the Said W^m Vernon into the Pillory one hour and by Whipping the
Said W^m Vernon w^th Twenty one Lashes at the Publick Whipping Post on
his bare Back Afterw*⁵ in the Same Court the Said Sherr makes return that
he has made Execution According as he was Commanded as to the Corporall
Punishment.

Thereupon the Said W^m Vernon is Committed unto the Custody of the
Sherr of Ann" County Untill he give Security for the Paym^t of the four fold
af^d unto the Said Nehemiah Birkhead and for the Payment of the Severall
officers fees Accruing Due by Occasion of the Premisses af^d And the Said
W^m Vernon is Ordered to give Recognizance One hundred pounds Sterling
himself with Two Securitys in fifty Pounds Sterling Each for his Appearance
next Court and being of good behaviour but for want thereof he is Com-
iniued into the Custody of the Sherr of Ann" County there to remain Untill
etc. and the Said Sherr being Present took Charge of the Said W^m Vernon
Accordingly

In Testimony that the aforegoing is a true Copy taken from the Prov^l
Records. I have hereunto Set my hand and affixed the Seale of the Said Court
this 13^th Day of Feb^ry 1727.

Vachel Denton C¹ Cur Provin

Afterw^ds To Witt on the Second Day of July Anno Dom Seventeen hun-
dred and Twenty Eight Comes here into Court the af^d W^m Vernon by Ed-
mond Jennings his Attorney And Says that in the Record and Process af^d As
also in rendering the Judgment af^d it is manifestly Erred. In this that in the
Record af^d it appears that the Judgment af^d was rendered Was rendered [sic]
that the Said W^m Vernon Should Pay unto the Said Nehemiah Birkhead the
party Grieved four fold of the Value of the Said Horse Amounting to the
Sum of Eighteen Pounds Current money the Said Horse being Valued at
four Pounds ten Shillings by the Said Court. And that the Said W^m Vernon
Should be put in the Pillory one hour and that he Should receive Twenty
One Lashes On his bare Back well Laid on and that he Should be taken etc.
and also that he Should be [731] Committed into the Sherr of Ann" County
Untill he Should give Security for the Payment of the four fould and the
Severall Officers fees and Likewise that he Should give Security for his Ap-
pearance at the then Next Prov^l Court and for being of good behaviour.

Whereas for the Insufficiency of the Indictment and the Venire facias
Juratores and Proceedings af"¹ the Judgment Ought to have been rendered
that the Said W^m Vernon Should go thereof without Day and that he the
Said W^m Vernon Should be Discharged and this he is ready to Verifye where-
fore he prays that the Judgment af^d for the Errors af^d and in the others in
the Record and process being be reversed Annulled and altogether held for