68 MARYLAND COURT OF APPEALS

Secondly it is Manifest Error in that it doth not Appear by the Record
that the pit or Defend^t was Called to Appear or that they did Appear when
the Jury brought in and Delivered their Verdict to the Court without w^ch
the Court had no Ground to Enter Judgment

Thirdly it is Erro^r in that the Jury was Suffered to have a fire in the
Room all the time that they were Considering the matter whereupon to
ground their Verdict which they ought not to have.

And therefore the Said pl^t prays the Said Judgm^t may be reversed and
had for Nothing And that he the S^d pit as to all things by him Susteined by
reason of the Judgm^t af^d may be restored, etc.

And the Said William by Robert Carvile his Atto^ry Corns and Defends
the force and Injury when etc. and by Protestation Denying there is any
Erro^r in the Record af^d for plea Saith that by an Act of Assembly made att an
Assembly held att the City of S^t Marys the 2O^th day of October 1678 Intituled
an Act for Appeales and [102] regulating Writts of Erro^r And by diverse
Subsequent Acts revived and Continued to Stand in force it was by the Au-
thority of the Same Assembly Enacted That no Execution upon any Judgm^t
in the County Courts or other inferior Courts of Record in this Province
Shall be Stayd, delayd or any Supersedeas upon Such Judgment Granted or
Sued forth upon any Appeale from any Such Court or Courts of Record as
at¹ to the Prov^ll Court of this Provinciall Co^rt [sic] of this Province in any
Action whatsoever unless Such Person or Persons in whose Name or Names
Such Appeals Shall be made or Some other in this and their behalfe Shall
Imediatly upon making Such Appeale Enter into Bond with Sufficient Surety
or Suretys Such as the Court where Such Judgm^t Should be given Should
allow and Approve of to the party for whom any Such Judgm^t Should be
given in the penalty of double the Sume adjudged to be recovered by Such
Judgment of Such County Court or other inferior Court from whence the
S^d Appeale Should be with Condition that if the party Appellant Should not
pursue the directions of the Said Act therein after Mentioned att the Pro-
vinciall Court then Next Ensueing According to the Rules of the Provinciall
Court and to prosecute the Same Appeale with Effect and also Satisfy and

pay tn thp Sairl party his heires Ex^rB Adm^rs or Asaigncs in Case (lic Said

Judgment Should be Affirmed as well all and Singular the debts Damages and
Costs Adjudged by the Said Judgm^t as also all Costs and Damages that
Should be Awarded by the Prov^ll Court for the Same delaying of Execution
then the S^d Bond to Stand in full force and Virtue And whereas by the Law
of England there is no rules prescribed [103] for the prosecution of Such
Appeals as aforesaid being not alltogether agreeable to the practice of the
Same Law Yet being found Necessary and Convenient for the Good of this
Province as at* it was therefore further Enacted by the Authority of the Same
Assembly That the Method and rules for prosecution of Such Appeales as
af^d Should for the future be in Manner and forme hereafter Expressed That