at Annapolis Came As Well the said Richard Smith As the Said Thomas
Brooke Garnishee As Aforesaid by their Attorney Afs^a And the justices of
Assizes before Whom etc: Sent there their Record before them had in these
Words Viz^t: Afterwards To Witt the Day and Place last Above mentioned
before Thomas Addison Esq^r One of his Lordships justices of the Provinciall
Gourt of this .Province and James Stodert Esq^r one other of his Lordships
justices of the Said Court Assigned to take the Assizes in Prince Georges
County afores^d According [810] To the Form of the Statute etc: Came the
Within named Richard Smith Jun^r by Daniel Dulany his Attorney And the
within named Thomas Brooke Esq^r Garnishee of the Said Arden Carleton
by Thomas Boardly Esq^r his attorney And the jurors of that jury whereof
Mention Was Above made being Called Likewise Came To Witt Richard
Keen, Nathaniel Magruder, Sen^r, William Penson, James Stoddart, Jun^r, John
Winn, John Child, Robert Pottenger, Sam^l Potinger, Ninian Magruder,
Luke Barnett, Joseph Newton, And William Beane, Who Duly Elected
Tryed and Sworn to Say the Truth in the Premisses Upon their Oath Did
say That the Defendant Was Indebted to Arden Carleton in the Writt of
Attachment Mentioned in the sum of two hund^d And forty Eight Pounds
Sterling And that before the said Attachment issued Maurice Birchfield
Esq^r Surveyor Generall of the Southern District of America Alledged that
the Said Carleton Was Indebted Unto Our Sovereign Lord King George the
Said Sum and Upwards And that he the Said Birchfield also alledged that
he had Sufficient Authority from the Hon^ble the Commissioners of the Cus-
toms in London to receive the Said Carleton's Debts in Maryland And that
before the issuing of the Plantiffs Attachment the Defendant paid the Said
Sum of Two Hundred and forty Eight Pounds Sterling to the said Maurice
Birchfield for his Majesties Use But whether the said Carleton was Indebted
to the said Lord the King Or Whether the said Birchfield had any Lawfull
Authority to receive the Creditts or other Effects of the Said Carleton to his
Majesties Use if the said Carleton Was So Indebted Was Unknown to the
jury And if Upon the whole Matter the Law should be with the Plantiff the
said Jury Did find for the Plantiff And that the said Thomas Brooke Esq^r
the Defendant had in his hands on the Day of the laying the Said attachment
in his hands of the Rights And Creditts of the said Arden Carleton to the
value of Two Hund^d and forty Eight Pounds Sterling and no More And
if the Law should have been with the Defendant the said Jury did find for
the Defendant And Prayed the Advice of the Court And because the Justices
there were not then Advised of the rendering their judgment of and Upon
the Verdict and Premisses afs^d Day thereof Was given as well to the said Rich-
ard Smith As to the said Thomas Brooke Garnishee as afores^d Untill the
then Next Court to hear thereof their judgment for that the said justices then
Were not etc: At Which said Next Court To Witt the Eighteenth Day of May
in the Year of Our Lord Seventeen Hundred and twenty five Came Again