538 MARYLAND COURT OF APPEALS

Nought and that the Said William to all things which by Occasion of the
Judgm^t af^d hath lost be restored

And Thereupon on the Same Second Day of July Anno Dom Seventeen
hundred and Twenty Eight in the Same Court Comes Michael Howard his
Lordships Attorney Generall and Saith that Neither in the Record and proc-
ess af^d nor in the Matters therein Contained nor in Rendering the Judgm^t af³
it is in any wise Erred and prays that his Said Lordships Court of Appeals and
Errors here proceed to the Examination as well of the Record and process
af^d as of the matters af^d above for Error Assigned And that the Judgment af^d
in every thing may be Affirmed Whereupon afterw^ds on the Same Second Day
of July Anno Dom Seventeen hundred and Twenty Eight Before his Lord-
ships Governour and Council af^d Sitting as a Court of Appeals and Errors at
the City af^d Comes the partys af^d by their Attorneys af^d Whereupon all and
Singular the premisses by the Court being Seen and Understood It is Con-
sidered that the Judgment af^a for the Errors af^d and others in the Record and
process af^d Appearing and being be Revoked Annulled and altogether for
None and that he the Said W^m Vernon be restored to his Testimony and
Creditt Notwithstanding the Whiping and pillory af^d and that he to all
things which by Occasion of the Judgment af^d hath Lost Should be restored
and that the Same W^m Vernon Should go thereof w^thout Day etc.

And Ordered Writt of Restitution to issue Directed to the Sherr of Ann"
County to Command the Ex^rs or Adm^rs or the Legall representatives of Nehe-
miah Birkhead the party Grieved in the Transcript named to pay and Re-
store unto the Said W^m Vernon the Sum of Eighteen Pounds Current Money
the four fould of the Value of the Horse in the Record mentioned or to Come
here into Court to Shew Cause to the Contrary.

And Ordered that Minute be made that Michael Howard Esq^r his Lord-
ships Attorney Generall being present in Court did not oppose the Reversal
thereof But Acknowledged that the Judgment was Erroneous

The Court Adjourns untill 3 of the Clock afternoon. The Court met
According to Adjournment. Present as Before noon. The Court adjourns
till to Morrow Morning. Thursday July 4^th 1728. The Court met Accord-
ing to Adjournment. Present as yesterday.

[732] Eodem July 4^th 1728

[E: J:] Daniel Bryon v [WE:] Prior Smallwood

His Lordships Justices of the Prov^l Court Transmitt to his Lordships
Governour and Councel of the Province af^d Sitting as a Court of Appeals
and Errors the following Appeale made by Daniel Bryon made by his Attor-
ney af^a from the Said Prov^l Court the Tenour of Which follows in these
words Viz^t

In The Records and Proceedings of the Provinciall Court of Maryland
Amongst other things is Contained as follows Viz^t