MARYLAND COURT OF APPEALS 59

giving Security to prosecute the Same [88] According as the Law in that Case
requires.

Then Came into Court the af^d Thomas Tench and John Edmundson his
Security and became Jointly and Severally Bound to the s^a Elizabeth Blakis-
ton Adm^r* as aforesaid in the Summe of Two hundred pds Sterl Conditioned
That if the Said Thomas Tench Adm^r of the Said Lyonel Copley Esq^r de-
ceased Should prosecute his Said Appeale before his Excellency the Governo^r
and Councill with Effect that then the Same Obligation or Recognizance to
be Voyd.

True Copy Chr: Gregory Clk

Thomas Tench Esq^r Adm^r of the goods and Chattells of Lyonel Copley Esq^r

dec^d ads Elizabeth Blackiston [als] Rymer Adm^rx of the goods

of Nehemiah Blackiston dec^d

Reasons Exhibited for the def^t Thomas Tench his Appeale from the
Judgm^t of the Prov^ll Court against him Given.

The Said Elizabeth Adm^r of the goods etc. of Nehemiah Blackiston de-
ceased brought her writt of Quominus ag^t the Said Thomas Tench Adm^r of
the Goods of Lyonel Copley Esq^r deceased and declares ag^t the Said Thomas
Tench Adm^r afores^d for 134¹-! i^s-^^d and 12000* of Tobbacco to this Suite the
Said Thomas by his Attorney Appeared in the Provinciall Court etc.

The Record Sett forth the writt of Quominus, the Test whereof bears
date the 15* day of May 1694 returnable the first Tuesday in October
then next Ensuing and the record Saith, which s^d Prov^ll Court was adjourned
to the 6^th day of November following On w^ch Said 6th day of November the
Sherriffe made returne of the Said Writt. It doth not appear by the Record
who did Adjourn nor by What power or Authority or att what time the
Adjournm^t of the Said Provinciall Court was made nor whether the Same
done by Writt or by Common Course of Law from Court to Court nor
whether by the said Adjournm^t all Writts pleas and process were thereby
adjourned or Not all which ought in a Speciall Manner to have been Entred
upon the Record and to have Appeared Accordingly [89] And this not being
done Cannot now be holpen unless by an Act of Assembly and therefore the
Omision thereof hath rendred the Proceedings in this Case manifestly Vitious
and Erroneous.

2 The Record Setts forth That the deP Came by George Plater his At-
torney etc. and prayed Liberty to Imparle untill the next Court etc. the Same
day was given to the p^H also att w^ch next Court Viz^t: the 13^th day of August
1695 Came as well the Said Elizabeth Blakiston by Philip Clark her Attorney
as the S^d Thomas Tench by William Dent his Attorney and prayeth further
Liberty to Imparle etc. It doth not Appear by the Record that there was
any Court when the def^t Appeared and Imparled; nor doth it Appear that
there was any Continuance of this Cause from g^br 1694 to May Court 1695,