MARYLAND COURT OF APPEALS 551

clared And for Tryall thereof he puts himself upon the Country. And the
plf also And Forasmuch as the af^d Rob^t Tiler the Lessor is High Sherriff of
Prince Georges County af"¹ and thereby has So great an Influence over the
Inhabitants of the Said County that an Indifferent Tryall of the issue af^d
Cannot in all Probability be had in the County af^d the af^d Charles Carroll
by his Attorney Prays that the Venue may be Charged to Ann^ll County w^cn is
by the Court here Ordered Accordingly. And Thereupon Command is given
to the Sherr of Ann^l County that he Cause to Come before the Justices of
the Prov^l Court at Annapolis the third Tuesday of May Next or before the
Justices Appointed To Take the Assizes in his County if they Shall before
that Time to Witt on Monday the tenth Day of Aprill Next to the County
Court house in his County Come Twelve Good and Lawfull men of his Baily-
wick by Whom who Neither etc. To Recognize etc. because as well etc.

Afterw³⁸ the Process Continued between the parties af^d on the plea af^d
by the Jury being put Thereon in Respect here Untill the third Tuesday of
May Next Unless the Justices of his Lordship the Lord Proprietor to Take
the assizes in the S^d County Assigned on Monday the Tenth Day of Aprill
Next to the County Court House in the S^d County Should Come

And now here this Day To Witt the Sixteenth day of May Anno Dom
1727 Comes again before the Justices of the Prov^l Court here as well the Said
W^m Jones Lessee of the S^d Robert Tiler by his Attorney af^d as the S^d Charles
Carroll by his Att^ry af^d But the S^a Sherr hath not Sent his writt Whereupon
Command is again given to the Sherr of Ann^ll County that he Immediatly
Cause to Come here Twelve etc. to Recognize in form af^d. Of which Said
precept the Said Sherr To Witt James Govane Gent (Now here at this Day
to Witt the Same day and year Last mentioned) Makes return that he has
here ready Twelve etc. as by his precept he was Commanded. Whereupon
before the Jury went from the Barr the Court here Declared their Opinion
that the Grant to the plf^e is no Surrender of the Grant to his father Under
w^ch he Claims by disent to which the Defts Councel Excepts. According to
the Statute and Desires a bill of Exceptions may be Allowed etc. W^ch is by the
Court here granted Accordingly. And now here Afterw^ds To Witt the Same
Day and year last mentioned Comes as well the S^d Plf¹ as the Said Def^t by their
Attorneys af^d and the Jurors of the Jury being Impannelled who being Called
Likewise Come To Witt Philip Jones Thomas Nevett Basile Nowell Jn^o
Eccleston Jn^o Gaither Jn^o Meriken W^m Hammond Edward Gaither James
Hays Tho^s Davis Rich^d Owens Rich^d Todd who being duly Elected Tryed
and Sworne to Say the Truth in the premisses upon their Oath do Say that
the Said Charles Carroll is Guilty of the Tresspass and Ejectment af^d in man-
ner and form as the Plf^[ above Ag^t him hath declared. Therefore it is Con-
sidered by the Justices [745] Here the Day and year Last mentioned that the
Said W^m Jones Lessee of the S^d Robert Tiler Recover his Term af^d yet to
Come of in and unto Three hundred Acres of plantable Land being part of