32 court of appeals of maryland

can show any law that ever made that distinction, who do say
they cannot. Then was ordered to be produced the act for
appeals, which was read. His Excellency demands that the
gentlemen of the Council give their opinion whether the words
of the law will be sufficient to make the words of the writ good,
who make answer that they deem the same sufficient, whereupon
the plaintiff being overruled, the proceedings were ordered to
be read, which was done as follows, viz:—etc.

The case is not otherwise reported, and the pro-
ceedings, beginning with the reading of the appel-
ant's first assignment of error, being comparatively
brief, are given here, for the further glimpse they
afford of the court in action.

And the said Joseph Chew by Kenelm Cheseldyne his at-
torney cometh into the Court here and saith that in the record
and proceedings aforesaid as also in the rendering of the judg-
ment aforesaid against the said Joseph Chew it is manifestly
erred in this:—

1st. That whereas the said Thomas Tench upon the first
day of June in the year of our Lord 1692, had impleaded the
said Alexander Cliappell in the Provincial Court in an action
of trespass upon the case for scandalous words spoken against
the said Thomas Tench by the said Chappell. It was so far
proceeded in the said cause that the said Thomas Tench had
upon the sixth day of October, 1692, recovered judgm't against
the said Chappell for 5000 Ibs. of tobacco damages and 2118
Ibs. tobacco of costs of suit in all 7118 lbs. of tobacco and
thereupon the said Thomas Tench upon the llth day of the
same month Octob. sued out an attachment directed to the
sheriff of the County of Anne Arundel whereby he was com-
manded that he should attach any the goods chattels or credits
of the said Alexander Chappell if they should be found in his
bailiwick to the value of nine thousand four hundred and ninety
pounds of tobacco which is 2372 lb. of tobacco more than the
sum recovered on the judgment aforesaid and so the attachment
for the said sum of 3490 lb. of tobacco is not warranted by
the judgment aforesaid nor by the law of this province in the
said attachment mentioned or any other law whatsoever, for if
an execution do issue out for more than the judgment the