604 MARYLAND COURT OF APPEALS

On Motion this day made by Michael Macnemara Gent in a Cause
wherein John Digges was plaintiff in Appeale and John Beale deft on the
Judgment of the Prov^ll Court affirmed with Costs and Appeale Granted to his
Majesty in Council. It is the Opinion of this Court that on payment of the
Said Cost The Said John Beale ought to Give Security to Make Restitution
thereof if So adjudged by his Majesty in Council.

[WB] Michael Macnemara Son and heir of Thomas Macnemara Esq^r
deced v Thomas Brook Esq^r

Heretofore as it appears in the Records and Entries of this Court To
witt on the fifth day of July Anno Domini Seventeen hundred and twenty
Eight The Right Honourable the Lord Proprietary Directed to his Lord
ships Justices of the Provincial Court his Lordships Writt Close which fol-
lows in these words

MARYLAND ss Charles Absolute Lord and Proprietary of the Provinces
of Maryland and Avalon Lord Baron of Baltemore etc: To the justices of
the Provincial Court And sherriff of Ann Arundell County Greeting Because
in the Record and Process As also in Rendering of Judgment of a Plea which
was in Our said Provincial Court before William Lock Esq^r One of the jus-
tices of the said Provincial Court And Others his Associates Justices of the
said Court of A Debt by Our Writt Between Thomas Brooke Esq^r Plantiff
And Michael M^enemara of Ann Arundell County Gen^t Son and Heir of
Thomas M^cnemara Esq^r his late father Deceased Otherwise lately Called
Thomas Macnemara Defendant for the sum of four Hundred and Ninety
Seven Pounds fifteen shillings Which the said Thomas Brooke recovered
Against the said Michael As his Certain Debt As also the sum of [801] One
thousand four hundred and Ninety Nine Pounds of Tobacco Which to the
Said Thomas for his Costs and Damages In that Part Was Adjudged Mani-
fest Error hath happened As it is Said to the Great Damage of the Said
Michael Macnemara As of his Complaint We have received We being Will-
ing that the Error if- any there be should be Duly Corrected And full and

Speedy justice Done to the said Parties in that Part We Command You that
if Judgment be thereon rendered that then the Record and Process Afores^d
With all things touching the same to Us Under Your hands and Seals Dis-
tinctly and Openly You send and that this Writt so that they May be had
before Our Governour and Council in Our High Court of Appeals to be
held at the City of Annapolis on the first tuesday of October next being the
first Day of the same Month That the Said Record and process afores^t May
be Inspected And further Do for Correcting that Error Which of Right And
According to the Laws and Customs of the Kingdom of England And this
Our Province of Maryland Ought or may be Done We also Command You
the said Thomas Brooke Your Agents Attorneys And Sollicitors to Surcease