554 MARYLAND COURT OF APPEALS

the Second Tuesday of the Same Month Anno Dom Seventeen hundred and
Twenty Seven to hear their Judgment of and upon the premisses At which
Said Thirteenth Day of February before his Lordships High Court of Ap-
peals af^d at the City of Annapolis af^d Comes as well the Said Charles Carroll
by his Attorney af^d as the S^d W^m Jones Lessee af^d by his Attorney but because
his Lordships High Court of Appeals and Errors now here of their Judgm^t
af^t of and upon the Premisses to render are not advised further Day is given
as well to the Said Charles Carroll as the af^d W^m Jones from the Said Thir-
teenth Day of Feb^ry at the City of Annapolis af^d Untill the first Tuesday of
July Next being the Second Day of the Same Month Anno Dom Seventeen
hundred and Twenty Eight to hear their Judgm^t of and upon the Premisses
for that his Said Lordships Court of Appeals here are not yet advised. At
which Said first Tuesday of July Last mentioned Before his Lordships GoV
and Council af^d Sitting as a Court of Appeals and Errors at the City af^d Comes
the parties af^d by their Attorneys af^d Whereupon all and Singular the prem-
isses by the Court being Seen and fully Understood and dilligently Exam-
ined and Inspected and Mature deliberation being thereupon had It Seems
to his Said Lordships Court now here that neither in the Record and process
af^d nor in Rendring the Judgm^t af^d it is in any wise Erred and that Record
in Nothing Vicious or Defective in Law It is therefore Considered that the
Judgm^t af^d in Every thing be Affirmed and Stand in it's full force and Effect
the af^d Causes and matters for Errors above Assigned in any wise Notwith-
standing And it's further Considered by his Lordships Said Court now here
that the Said W^m Jones Lessee of the S^d Robert Tiler Recover of the S^a
Charles Carroll fifteen hundred and Twenty three Pounds of Tobacco [748]
To the S^d William Jones Lessee af^d by the Court now here of his Assent Ad-
judged According to the form of the Statute thereof Lately made and pro-
vided for his Costs and Charges Sustained by reason of the Delay of the Exe-
cution of the Judgm^t af^d by Pretext of prosecuting his Said Lordships writt
of Error and that the S^d W^m Jones Lessee af^d have thereof Execution etc.

John Diggs Lessee v John Beale

Appeale from the Prov^l Court the Cause being delayed this and the Pre-
ceeding Court from Coming to Tryall by the Appellee his not filing his
Clients Oath According to the Direction of the Act of Assembly. It is Like-
wise Peremtorily Ruled that unless his Oath be filed by the first Day of next
Court here that Judgm^t will be rendered Ag^t him by Default

The Court adjourns till To Morrow Morning Nine of the Clock. Sat-
urday July the 6^th 1728 the Court meet According to Adjournment.

Present: His Excellency the Gov^r; The Hon^rble M. T: Ward Esq^r; Benj^a
Tasker Esq^r; Philip Lee Esq^r and Charles Calvert Esq^r, of the Council.

The Court Adjourns to the first Tuesday of Oct^r being the first Day of

the Same Month.

Test William Gumming } Clk