MARYLAND COURT OF APPEALS 81

him the io^tb day of Aprill before the Making of the Said Lease Could not be
a Trespass for by the pl^t" own Showing the terme was to begin the Last day
of February before the Making of the Lease and if the Def^t Ousted him upon
the Tenth day of Aprill before the Lease was made this Could not be any
Trespass because the Lease Could not Extend to Possession Past, but to that
which was to Come and meerly Void as to the time Past, And the PI^t in this
Case hath not Given the Def^t any Rule to Confess the Lease Entry and
Ejectment and to insist upon the Title of the Land onely as is the Usuall
Course and Practice to doe; And therefore the Defend^t hath not by way of
Rule Confest the Lease etc. and therefore for the incerteinties af^d the Judg-
ment and all the Proceedings thereunto are Erroneofus]

2^dly The Dep Appeared and Imparled, And it Appeareth by the Rec-
ord That att the time of the Imparleance there was but 3 Justices and there-
fore no Court, for not less than four by the Comission Constituted a Court
and therefore Erro^r

3^dly It Appeareth by the Recdrd the pl^t moved the Said three Justices]
for a Speciall Warrant to Resurvey the Land in Question [124] which was
Granted to him, and they not being a Court had no power or Authority So
to do and therefore the proceedings Erroneous.

4^tnly It Appeareth by the Record That there was but three Justices that
Took the returne of the Resurvey and but three Justices When the Issue was
Tryed, and they not having power So to doe, not being a Court renders the
Proceedings Erroneous.

gthw One of the Jury that was to direct, and who was Sworne and did
direct the Surveyor to resurvey the Land upon the first Warr^t of Resurvey
Viz^t Andrew Tonnard was not a Freeholder and therefore Erro^r

6^tnly The Record Sayth that Command was Given to the Sherriffe of
S^t Marys County to Cause to Come here twelve etc. it doth not Appear who
Gave that Command nor when or where it was Given, and if but three Jus-
tices gave that Command they had no power to award a Venire facias not
being a Court and therefore Erro^r

ytniy ^e jury att the Barr which tryed the issue Joined found a
Speciall Verdict Viz^t we of this Jury do find that the Land Called Wattson
doth run from the first bounded Tree Seaventy five perches North East and
by North from thence North West and by West three hundred and Twenty
Perches to the New bounded Oak from thence with a Straight line to the
first bounded Tree of the Land Called Cudlington from thence with a
Straight Line to the first Bounded Tree of the Said Land Called Wattson
and if the Trespass Comitted be within the Said Lines then we find for the
PI^t if not we find for the Defend^t Henry Mitchell foreman, There was not
any Judgment Given upon this Verdict nor was there any Curia Advisare
Vult Entred thereon as ought to have been, but onely that Judgm^t upon the
Verdict was deferred and respited but Shows not to what time whether to