MARYLAND COURT OF APPEALS 553

In Testimony that the aforegoing is a true Copy of the Proceedings in
the Premisses af^d I have hereunto Set my hand and Affixed the Seale of the
Prov^l Court this Eleventh day of July 1727.

Vachel Denton Cl 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 Charles Carroll into his Lordships high Court of Ap-
peals and Errors by W^m Beckingham his Attorney and Saith that in the Rec-
ord 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 and process af^d it appears that the Judgm^t af^d was
rendered for the Lessee of the S^d Robert Tiler to recover his Term af^ll yet
to Come of and in the Lands and premisses W^th the Appurtenances in the
Declaration mentioned Ag^t the S^d Charles and that he Should have thereof
his Possession Ag^t the Said Charles. And for that it appears that it was Con-
sidered by the S^d Justices that the Lessee of the S^d Robert Tiler Should re-
cover pounds Tobacco for his Costs and Charges by him about his
Suit Laid out Expended and that the Said Charles Should be taken etc.
Whereas by the Law of the Land Judgm^t Ought to have been rendered for
the Said Charles that the Plaintiffs Lessee Should be in mercy for his false
plaint ag^t the S^a Charles for the Tresspass and Ejectm¹ af^d and that he Should
go thereof without Day And So the Judgment af^d is Erroneous and Void
in Law

And Whereupon the Same Eleventh day of July in the Same Court
Comes the Same W^m Jones Lessee aforesaid by [747] Joshua George his
Attorney and Thereupon the Said W^m Jones Lessee af^d having had a hearing
of the Errors at^t in form af^ll Assigned prays a Day to the Same Errors to Im-
parle and he hath it And Thereupon day is given to the Parties af"¹ Before
the Governour and Council af^d untill the thirteenth Day of October there-
after To Witt to the Said W^m Jones Lessee af^t to the Errors af^d to Imparle
and then to the Errors af^d to rejoyn

At w^ch Said Thirteenth Day of October before his Lordships high Court
of Appeals af^d at the City of Annapolis af^d Comes as well the S^d W^m Jones
Lessee af^d by Joshua George his Attorney as the Said Charles Carroll by W^m
Beckingham his Attorney and the af^d W^m Jones Lessee af^d Saith that neither
in the Record and process af^d nor in the Matters therein nor in Rendering
the Judgm^t af^d it is in anywise Erred and Likewise prays that his Said Lord-
ships Court of Appeals and Errors here proceed to the Examination as well
of the Record and process af^d as of the matter af^d above for Error Assigned
And that the Judgm^t af^d in Every thing may be Affirmed But Because his
Lordships Court of Appeals and Errors here of Rendering their Judgm^t of
and upon the Premisses are not as yet advised Day is thereof given to the par-
ties af^d before his Lordships Gov^r and Council from the S^d thirteenth Day of
October at the City af^t Untill the Thirteenth day of Feb^ry thereafter being