at annapolis before revolution 37

Simultaneously, or within a short time after
the writ of error was issued, the plaintiff in
error filed his assignment of errors. This was
also required, either in the customary form, or
more informally as "reasons for appeal", when
the writ of error was dispensed with. It was
sometimes, in the earlier period, compelled by
special order, upon motion; and in 1712 a stand-
ing rule was adopted, "that all errors or reasons
in appeal to this court be filed in six weeks after
return of writ of error or appeal brought, or the
action abate; and ordered accordingly." These er-
rors or reasons were specific and informing during
the first part of the eighteenth century, but a gen-
eral, perfunctory form, customary in England, later
became customary here. One of the more specific
forms is selected from a cause of much local cele-
brity in its time, that of Edward Randolph, Sur-
veyor General of Customs in North America, on
appeal from a judgment in favor of John Black-
more, manner and commander of the Ship "Ann",
in an effort to enforce the trade and navigation
acts.²² It is typical.

This said judgment is erroneous in this, that the said Ran-
dolph having informed against the said ship upon a certain
clause of a statute made in the twelfth year of King Charles the
Second which says that all ships coming into any of the English
plantations from any port besides the ports of England, Ireland,
_v Wales, or the town of Berwick upon Tweed, the Governor of
such plantation shall before the said ship or vessel be permitted
to load on board any of the commodities of such plantation
take sufficient bond with one surety that such ship or vessel

22. H. D. No. 1, fol. 14 and 15. The Governor and Council not only
reversed the judgment of the Provincial Court,-but consulted the
lawyers on attaint of juries. In July 1697, Governor Nicholson
wrote home that he could not get ships condemned in the common
law courts because juries would not find for the King.