60 MARYLAND COURT OF APPEALS

and therefore a discontinuance not aided, by any Statute and therefore
Erroneous.

3 The Recovery if Legally had ought in this Case to have been of the
Goods of the Deed in the hands of the Administrator, but here the Court hath
given Judgm^t ag^t the Said Thomas Tench Adm^r etc. for 1341-11⁸—^ Sterl and
4OOO¹ Tobbacco debt for Damages which is Less then the pit declared for by
Sooo¹ of Tobbacco and there doth not Appear any discount to be made by the
pit in Court and therefore there was not any ground for Giving this Judgm^t
because no Such demand as four Thousand pounds of Tobbacco for which
this Judgm^t is given, for Which Reasons the Judgm^t here given is Erroneous.

4 There is a recovery of Cost; but non Constat what Costs was Recov-
ered for it doth not Appear by the Record, and this being a Parcell of the
Judgm^t is inseparable from the Judgment And Cannot be Devided, unless the
pit had released the Same in Court w^oh is not done and therefore the Judgm^t is
very uncerteine as to the Costs and the Law requireth that things brought to
Judgm^t should be very (Jertein and this Judgm^t [90] is not Soe, and therefore
it is Erroneous, for all which Errors and Diverse others as well in the Record
and Proceedings as in the Rendring of Judgm^t The Said Thomas Tench
prayeth that the Judgm^t af^t by the Prov^ll Court given ag^t him may be Re-
versed Sett aside and holden for None And he to all that he hath lost thereby
may be restored

Gouldsborrough.

Which Said Reasons being read and fully debated and Argued by the At-
torneys on both Sides and by the Court here fully heard and Understood Do
adjudge the Same not Good.

It is therefore Considered by the Court here That the Judgment of the
Provinciall Court thereon be Affirmed And that a Procedendo issue Accord-
ingly as is Usuall in Such Case And that the Said Elizabeth Blakiston Adm^r
etc. recover ag^t the Said Thomas Tench Esq^r the Adm^r the Sume of
pounds of Tobb^a for her Costs and Charges in this behalfe laid out and
Expended.

It is Ordered to be a Standing Rule of this Court that two Severall Rea-
sons for Error Shall not be Assigned under one Paragraph or head but Shall
be particularized under Distinct heads.

Moved by M^r William Dent Attorney att Law whether an Executor or
Adm^r Shall give Security upon a Writt of Erro^r or an Appeale whereupon it
is Ordered That the Act of Assembly for regulating Appeals and Writts of
Erro^r be produced here to Morrow morning.

The Court Adjourned till to morrow Morning. Eight a Clock
[91] October the 22^d 1697.

The Court again Satt att the house of S^r Thomas Lawrence Barr"
Secry and
Were p^rsent: His Excellency Francis Nicholson Esq^r Cap^t Gen^ll; S^r Thomas