MARYLAND COURT OF APPEALS 97
plaint we have recd as by the record and process thereupon between the Said
parties afa by Virtue of our Writt for Correcting Errors to our Said Justices
directed And we being willing that the Error if any be Should in due manner
be Corrected and full and Speedy Justice done to the Said partys in this
behalfe Do Command You that by honest and Lawfull men in your Baily-
wick You make known to Benjamin Hall and Mary his wife Exr8 of the Said
Bowling Deceased That they be and Appear before our Governor and Coun-
cill att our Court Constituted for hearing Appeals and Writts of Error to be
held att the Port of Annapolis the 28th day of June next to hear the Errors
aforesaid if to them it Shall Seem Convenient and further to Stand to and
Abide the Judgment of our Said Court in this behalfe and hereof faile not
att your perill and have you there this Writt Wittness Nathan" Blakiston
Esqr Capt Genll and Governor in Chief in and over our Province of Mary-
land this 24th Day of May in the 11th Year of our Reigne Annoque Dni 1699.
R: Carvill Edwd Batson Ctk.
On the Back of wch writt was Endorsed thus Vizt
By Virtue of the within precept I have Cited and Summoned the Within
Named Benj" Hall and Mary his wife Exrs of James Bowling Before the
Honble Colo Jno Courts and Richd Elding Two Lawfull men of my Bailywick
that they be and Appear as the within Writt Commands
per Jon Bayne Sherr
Gerrard Slye v Bowlings Exrs
MARYLAND ss. Errors assigned by Gerrard Slye for reversing a Certein
Judgment given agf him in the Provll Court the igth day of October 1682 att
the Suite of James Bowling pll Dect
It is Conteined in the Record that upon the 17th day of Febry in Year
of our Lord 1681 Command was Given to the Sherriffe of [146] St Marys
County to take the Body of Gerrard Slye of St Marys County Mercht So that
he Should have him before the Justices of the provll Court to be held att the
City of St Marys the 28th day of Febry Instant to Answer unto James Bowling
of a plea that he hold wth him Covenant made between them According to
the force forme and Effect of a Certein Writing Indented thereof Between
them and which to hold he ought etc. But it is not Sett forth from whence
the Command Came whither from the Governor and Councill, Chancellor,
Comissary or Justices of the Provll Court nor doth it Appear that the Sherr by
Virtue of the Said Writt or precept had taken the Body of the Said Gerrard
Slye without which he Could not be Legally brought to Answer the Suite of
the plt for the Originall Writt and returne of the Sherriffe is the foundation
of the Suite and which all Subsequent Matters Depends upon the want of
which no Legall Judgment Could be given agt the Defendt which is Error and
for which reason he prays that the Judgment aforesaid may be Annulled
made void reversed and Sett aside.
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