q8 MARYLAND COURT OF APPEALS

J

2 In the Declaration it is Said that the Said James Bowling by Robert
Carvill his Attorney Complaineth ag^t the Said Gerrard Slye etc. and after-
wards it is Conteined in the record af^d That the S^d Gerrard Slye by the Said
Robert Carvill his Attorney Came and Defended the force and injury when
etc. and Craved Liberty to Imparle untill the i9^th day of October 1682 So
that it plainly Appears by the Record here produced that the S^d Rob' Carvill
was Attorney for both pl^l and Defend^t and Consequently Judgm^t must goe
att the discretion of the Attorney w^ch the Law Cannot allow of being Con-
trary to all the known Rules and Practice of the Common Law of England
and of this Province for which reason he the Said Gerrard Slye prayeth that
the Judgm^t af^d may be reversed and made Void.

3 The Body of the Declaration Setteth forth That the Said James
Bowling did Order and Appoint the Said Gerrard Slye to Buy for him the
Said James Bowling and to Send [147] in to him the Said James Bowling
According to the Covenants and Agreements in the aforesaid Writing in-
dented mentioned, the Severall Servants and Goods in the Schedule there-
unto annext Mentioned but no Such Schedule as therein is Mentioned ap-
pears to be filed or Annext to the Declaration that the truth of the Matter
might have plainly Appeared upon the Tryall to both Court and Jury but
here is Judgment prayed by Robert Carvill Attorney for James Bowling and
Judgment Given by the Same Robert Carvill Attorney for the Said Gerrard
Sly[e] which is Manifest Error for which reason also and many other more
Errors in the Record and Proceedings aforesaid as also in the rendring of
the Judgment af^d ag^t him the Said Gerrard Slye he the Said Gerrard Slye
Prayeth that the Judgm^t af^d ag^t him given may be made Void reversed and
Sett on Side and that he to all Costs Damages and Interrests by him Suffered
and Susteined by means of the premisses may be restored etc.

S. Watkins

May the 2* 1700

It is Considered by his Ex^cy the Governo^r Col^o Henry Jowles Col^o
Charles Hutchins, James Frisby Esq^r Col^o John Hammond and Francis
Jenkins Esq^r of his Matys hon^ble Councill That this Cause for that the reasons
af^d were not filed as it is directed in an Act of Assembly of this Province for
that Case made and provided is Abated, and it is the Opinion of this Board
that the Same be Abated for the reason af^d

W Bladen Cl Appeals etc.

[148] MARYLAND ss. William the third by the grace of God of England
Scottland France and Ireland King Defender of the faith etc. To Richard
Hill Esq^r and his Associates the Justices of our Prov^ll Court Greeting Because
That in the Record and process and rendring of Judgment upon a Prosecu-
tion of Perjury Lately brought before You in our Said Court att the Suite of