MARYLAND COURT OF APPEALS 69

is to Say the party Appellant Should Procure a Copy or Transcript of the full
proceedings of the Said Court from whence Such Appeale Should be made
under the hand of the Clk of the S^d Court and the Seale of the Same and
Should Cause the Same to be Transmitted to the Provinciall Court then Next
Ensuing and Should also att the Same Prov^ll Court file in Writing According
to the Rules of the prov" Co^rt Such Erro^rs in the Said proceedings as he
Should think fitt to Assigne or Such Causes or Reasons as he had for Making
the Said Appeale Whereupon and upon the Said Transcript the Provinciall
Court Should proceed to give Judgment as in Cases of Writts of Erro^rs as by
the Said Act of Assembly may More att Large Appear And the Said William
in fact Saith that it Appeareth by the Transcript of the Record of the Said
County Court that the Said Cause in the Said County Court was tryed upon
the Second Tuesday in November 1685 being the 12^th day of the Same Month
and the Said Thomas Tench did there Crave an Appeale to the Prov^ll Court
w^ch was granted giving Such Security as the Law in that Case required and
thereupon the S^d Thomas Tench with M^r Robert Connant and M^r James
Smith Came there into Court and bound themselves in the Summe of four
Thousand four hundred and Sixty Eight pounds [104] of Tobbacco to be
paid to the Said William Hopkins if the Said Tench Should not prosecute
the Said Appeale att the Provinciall Court to be held in Febry Next follow-
ing because it was uncertein to have the Said Whole proceedings returned to
the Prov^ll Court to be held in November being So Nigh the Adjournm^t of the
County Court And he further Saith that the Next Provinciall Court after
the Said Appeale was held att S^t Marys the 26^th day of November 1685 afore-
said And the Said Thomas Tench ought to have pursued the directions of
the Said Act of Assembly to have given Bond not only to prosecute his S^d
Appeale with Effect at the next Prov^ll Court and also Satisfy and pay to the
Said William Hopkins his heires Ex™ Adm^rs or Assignes in Case the Said
Judgm^t Should be Affirmed as well all and Singular the Debt Damages and
Costs Adjudged by the Said Judgment as also all Cost and Damages that
Should be awarded by the Prov^ll Court for the Same delaying of Execution
according to the Expressed Directions of the Said Act And the S^d County
Court could not dispense with the Same but according to the Words of the
Statute And he further Saith that the next Prov^ll Court was held the 23^d day
of February following att which Court the Said Thomas Tench or in the
Court before did not file in Writing any Erro™ in the proceedings af^d Accord-
ing to the Rules of the Provinciall Court or Any Causes or Reasons for his
Appealing as af^d Whereupon the Prov^ll Court Should proceed to give Judgm^t
as by the Said Act is directed nor was the Said reasons or Errors filed till the
28^th of Aprill 1686 So that thereby the Appeale is discontinued And the Jus-
tices of this Court have no power to proceed upon these Appeals by any other
Law then by the Said [105] Statute Or Act of Assembly by the Express words
whereof they are directed And this being a New Law Shall not be Extended