42 court of appeals of maryland

power to order execution issued was doubtful in
England.

No formally promulgated rules, other than that
adopted in 1712 to fix the time for filing the as-
signment of errors or reasons, and already quoted,
have been found. A statute of 1715, chapter 41,
section 7, fixed the fee of an attorney for conduct-
ing a case on writ of error or appeal before the
Governor and Council at six hundred pounds of
tobacco. Two eighteenth century statutes author-
ized minor adaptations to needs of the court,
which seem to have been met in the same way be-
fore the enactments. In the act of 1713, chapter
4, section 7, it was provided that the Council and
its President might determine cases in the absence
of the Governor. And in 1729, chapter 3, section
2, it was provided that when both the Governor
and' the President were absent, the senior coun-
cillor present might preside, provided five justices
should be present. The senior councillor was the
first commissioned, that is, the first named in the
joint commissions to all the councillors. The
order of precedence resulted from the principle,
acted upon in the appointment of legislative com-
mittees, that the first named was to be the presid-
ing officer.

Appeals to the King and Council in England,
"appeals home", as they were sometimes called,²⁴
allowed in cases involving three hundred pounds
or more,²⁵ were effected by simple prayers in the
Court of Appeals for such appeals, which were
granted and entered as of course. Transcripts of

24. 2 Harris & McHenry, 365.

25. Act 1694, C. 18.