MARYLAND COURT OF APPEALS 547

Daniel Bryon Shall prosecute with Effect an Appeale Brought or to be
Brought by the Said Daniel Bryon before his Lordships Governour and
hon^rble Council of Maryland from a Judgm^t obtained by the af^d Pryor Small-
wood in his Lordship's Prov^l Court and also Satisfie and pay unto the Said
Pryor Smallwood all and Singular the Costs and Damages that have been ad-
judged in the S^a Prov^l Court and Shall be Awarded by the Governour and
Council to be paid to the Pryor Smallwood by the Said Dan^l Bryan in Case
the Judgm^t in the S^d Prov^l Court Shall be Affirmed then this obligation to be
Void and Null else [740] To Stand in full force and Virtue in Law

Signed Sealed and DehV ] Danl [sic] [Seale]
in the Presence or Mt

Joseph Polloke

Alexander CI M^cpharson [Seale]

Abraham Price

William Banfield William Coomes [Seale]

Which aforegoing Bond was by the Court approved of and it is ordered
that the Clerk of this Court Transmit a full record of the proceedings af" to
the Court of Appeals Accordingly.

In Testimony that the aforegoing Transcript is a full Copy of the pro-
ceedings in the premisses af^d I have hereunto Set my hand and Affixed the
Seale of the Prov^l office this y^tb Day of July Anno Dom 1727

Vachel Denton C^l Cur Provin

And now here this Day To Witt the Second Tuesday of July being
the Eleventh Day of the Same Month Anno Dom Seventeen hundred and
Twenty Seven Comes Dan^l Bryan into his Lordships High Court of Appeals
and Errors by Edmond Jennings his Attorney and Saith that in the Record
and process af^d as also in rendering the Judgm^t af^d It is Manifestly Erred in
this Viz^t

That by the Record af^d it appears that the Judgm^t af^a was rendered That
the Said Daniel Bryon take Nothing by his Writt but be in Mercy for his
false Clamour and that That [sic] the Said Pryor Smallwood go thereof w^thout
Day and thereby it was Considered that the S^d Pryor Smallwood Should Re-
cover Ag^t the Said Daniel Bryan the Suine of one Thousand Three hundred
and Eighty four pounds of Tobacco by the Said Court Adjudged him for his
Costs and Charges etc. Whereas by the Law of the Land the Judgment af^d
Ought to have rendered for the Said Daniel Bryan to recover Ag^t the S^d
Pryor Smallwood his Damages According to the af^d Declaration and his Costs
and Charges and that the Said Pryor Smallwood Should be in mercy etc.

And Whereupon on the Same Eleventh Day of July in the Same Court
Comes the Same Pryor Smallwood by W^m Beckingham his Attorney And
thereupon the Said Pryor Smallwood having had a hearing of the Errors af^d