MARYLAND COURT OF APPEALS 543

of Charles County that he Cause to Come before the Justices of the Prov^l
Court at Annapolis the third Tuesday of October next or before the Justices
appointed to Take the Assizes in his County if they Shall before that Time To
Witt on Monday the Twenty Sixth Day of September Next to the County
Court house in his County Come Twelve good and Lawfull men of his Baily-
wick by whom etc. Who neither To recognize etc. because as well etc.

Afterwards the process continued between the parties af^d on the plea af^d
by the J ury being put thereon in Respect here Untill the third Tuesday of
October Next Unless the Justices of his Lordship the Lord propry to Take
the Assizes in the Said County Assigned on Monday the Twenty Sixth Day
of Sept^r next to the County Court house in the Said County Should Come

At Which S^t Third Tuesday of Oct^r To Witt the Eighteenth Day of the
Same Month Anno Dom 1726 before his Lordships Justices of the Prov^l
Court at Annapolis Comes as well the S^d Dan^l Bryon as the S^d Pryor Small-
wood by their Attorneys af^d and the Same Dan^l Bryon the Record af^d by him

in his Declaration af^d alledged at the Same Day here in Court hath not but
therein hath failed upon W^cb the Court here having fully Understood all and
Singular the Premisses and mature Deliberation thereof having had. It is
Considered by the Justices here the Day and year Last mentioned that the
af^d Pryor Smallwood the matter in the Declaration af^d mentioned Concern-
ing the Record of the Recovery therein mentioned go thereof without Day
and that the S^d Dan^l Bryon touching the Record of the Recovery af^d in the
Deci af^d mentioned be in Mercy for his false Clamour, and in the Same Court
or Term the Justices of Assize before whom etc. Sent here their Record be-
fore them had in these words Viz^t

Afterw^as To Witt the Day and place above mentioned before Tho^s Ad-
disson Esq^r one of his Lordships Justices of the Prov^l Court of the province
af^d and Philip Lee Esq^r one other of the Justices of the Said Court Assigned
to Take the Assizes in Charles County According to the form of the Statute
etc. Came the within named Daniel Bryon by Edmond Jennings his Attorney
and the Said Pryor Smallwood by Daniel Dulany his Attorney and the Jurors
of that Jury Whereof mention is above made being Called Likewise Come
To Witt Robert Yates, Tho^s Stone, Jun^r John Clark Charles Musgrave John
Chandler, Tho^s Mathews, Edward Ford, John Maddox Mark Penn Benj^a
Douglass Cha^s Yates and Roger Fouks who being Duly Elected Tryed and
Sworn to Say the truth in the premisses upon their Oath do Say That we of
the Jury find that John Cane was Seized of the Land in Dispute and that he
had a grant for the Same in the following words

Caecilius Absolute Lord and Propry of the Provinces of Maryland and
Avalon Lord Baron of Baltemore etc. To All Persons to whom these presents
Shall Come Greeting in Our Lord God Everlasting Know Ye that Wee for
and in Consideration that John Cane of this Province Planter hath due unto
him Two hundred and fifty Acres of Land for Transporting Mathew Sanders