MARYLAND COURT OF APPEALS 611

Should Seem Meet And How he should Execute that Writt that he should
Make known Unto the justices at the Day and Place Afores^d And that he
Should have then And there the Afs^d Writt At which Said Second tuesday of
September Viz^t: the Eleventh Day of the same Month in the Year of our Lord
Seventeen hundred And Twenty two Came the said Richard Smith by Daniel
Dulany his Attorney into the said Provinciall Court And also Phillip Lee
then being sherriff of the said Prince Georges County Came into Court and
Made the following return of the said Writt Viza¹: That he by Virtue of the
said Writt to him Directed on the first Day of September in the Year of Our
Lord Seventeen Hundred And twenty two attached of the Rights and Creditts
of the therein Named Arden Carleton in the Hands of Thomas Brooke Esq^r
two Hundred Ninety Nine Pounds Sterling And fifteen thousand Pounds of
Tobacco to be Condemned According to Act of [808] Assembly for the Use
of the said Richard Smith Jun^r And that he had Made known Unto the Said
Thomas Brooke that he Should be and Appear before the Said justices at the
Day And Place therein Assigned to Shew Cause if any he had Why the same
Money and Tobacco So Attaced [sic] in his hands should not be Condemned
And Execution thereon had And Made According to Law for the Use Afores"
before Alexander Contee And Thomas Brooke Jun^r Good and Lawfull men
of his Bayliwick As by the said Writt he was Commanded Whereupon in the
Term of the said Provinciall Court held at the City of Annapolis afs^d on the
said Second tuesday of September Viz^t the Eleventh Day of the same Month
of September in the Year of our Lord Seventeen hund^d and twenty two the
said Thomas Brooke by Thomas Boardley his Attorney Came and Prayed
leave to Imparle thereunto Untill the then Next Court And he had it And the
same Day was Given to the said Richard Smith at Which said then Next Court
To Witt the Ninth Day of Aprill in the Year of Our Lord Seventeen Hun-
dred and twenty three Came Again As well the said Richard Smith Jun^r by
his Attorney Afores^d As the said Thomas Brooke Esq^r in his Capacity Afores^d
by his Attorney Afs^d And the said Thomas Brooke Esq^r by his said Attorney
Prayed further Leave to Imparle thereunto Untill the then Next Court And
he had it And the same Day was Given the said Richard Smith Jun^r also: At
which said then Next Court To Witt the tenth Day of September in the Year
of Our Lord Seventeen Hundred And twenty three Came again As well the
Said Richard Smith Jun^r by his Attorney Afs^a And the Said Thomas Brooke
Esq^r in his Capacity Afores^d by his Attorney afs^d And the Said Thomas Brooke
Esq^r by his Said Attorney Said that the Afs^d Richard Smith Condemnation
of the premisses So as afores^d Attached Against the said Thomas Ought not
to have because he said that at that time of laying the Attachm^t afs^d in the
hands of him the said Thomas Brooke he had not nor at any time since had
Any of the Goods Chatties Rights or Creditts of the said Arden Carleton in
the hands of him the Said Thomas Brooke as by the Writt And return Afores^d
were Above Supposed And this he was ready to Veryfie. Wherefore he