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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 572   View pdf image (33K)
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572 THE CHANCELLOR'S CASE.—1 BLAND.

colonists in America;" in which, among other things, the late ex-
tension of the jurisdiction of the Yice-Admiralty Courts, was

following extract from the records of the High Court of Chancery of Mary-
land, in the case of Powlson v. Forwood.

"Memorandum.—This 22d day of February, 1725, his honor the Chancellor
acknowledges to have received of Mr. Plater by order of his honor the Gov-
ernor copies of several orders of the King and Council, to wit, one of the
11th of August, 1720; one other of the 30th of April, 1724; and one other of
the 4th of July, 1724; and ordered the same to be entered in the proceedings
of this Court to avail so far they ought: which orders are in the words fol-
lowing, viz:

"At the Council Chamber. Whitehall, the 11th August, 1720, present their
excellencies the Lords Justices, &c. (Here follow the names of the mem-
bers of the Council.)

"Upon reading this day at the board a report from the right honorable the
Lords of the committee for hearing appeals and complaints. &c.. from the
plantations, dated the 4th of this instant in the words following, viz:
Whereas by an order in Council of the 26th instant referring to this com-
mittee the humble petition of Jonathan Forwood, complaining of several
unjust proceedings against him, and his agents in the Courts of judicature
in the Province of Maryland at the suit of one Gilbert Powlson master of
the ship Dolphin, touching an agreement entered into between them, for
the said Powlson to transport from England to the said Province and to Vir-
ginia, one hundred and thirty-one servants; on account whereof, the peti-
tioner alleges, the said Powlson has obtained two attachments against his
effects there, one of them for one hundred and sixty pounds which he actu-
ally received, and the other for seven hundred pounds for which he has sold
good part of the petitioner's effects in his hands; and humbly praying to be
relieved in the premises.

"Their Lordships this day took the same into consideration, and having
heard the petitioner by his counsel therein, do agree humbly to report their
opinion, that upon Mr. Forwood's giving such security as the Governor and
Council of Maryland shall think sufficient to answer the said Powlson's
demands, his goods in specie shall be restored to him, or, in case they are
sold, he shall be paid the money arising from the sale thereof; and that there-
upon the Provincial Court do proceed to hear and determine the cause or
causes with liberty for either party to appeal therefrom.

"Their excellencies the Lords Justices in Council taking the said report
into consideration are pleased to approve thereof, and to order as it is hereby
ordered, that upon Mr. For wood's giving such security as the Governor and
Council of Maryland shall think sufficient to answer the said Powlson's
demands, his goods in specie shall be restored to him, or in case they are
sold he shall be paid the money arising from the sale thereof; and that there-
upon the Provincial Court do proceed to hear and determine the cause or
causes with liberty for either party to appeal from such determination:
whereof the deputy governor, or commander-in-chief for the time being of
the Province of Maryland, and all others whom it may concern are to take
notice, and govern themselves accordingly."

"At the Court of St. James, the 30th day of April, 1724. Present, the
King's most excellent Majesty, &c. (here follow the names of the members
of the Council.) Upon reading this day at the board a report from the
Lords of the committee for hearing appeals, complaints, &c. from the plan-

 

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Brantly's annotated Bland's Reports, Chancery Court 1809-1832
Volume 198, Page 572   View pdf image (33K)
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