40 MARYLAND COURT OF APPEALS

therefore ought not to be reversed but to Stand in full force and this the s^d
Eliz^a Blackiston Adm^r of the s^d Nehemiah Blackiston who as well for their
then Ma" as for himself in that behalfe prosecuted is ready to Averr and
prayeth Judgm^t etc:

W. Dent

The First Reason being fully argued and debated upon by the Attor-
neys on both sides, and the matter in question determinable by this Court

and thch Judgm^t thcicoii tu be given was, whether the Cumi&siuii by whiili

the Speciall Court condem'd the Beer was a legall Commission or not, the
which was adjudged by this Court to be a legall Commission, His hon^r Coll:
Addison only excepted who was of a Contrary opinion.

The Second Reason alleadged for reversing the First Judgm^t of the
afores^d Sp¹* Court came next in Ord^r to be Argued upon, and being fully con-
sidered by the Court here, was thought insufficient for reversing the First
Judgm^t of the Sp" Court aforemention'd.

The Third Reason in like manner argued and adjudged accordingly.
Whereupon the Fourth Reason and Error assign'd by the Def^t before the
Justices of the prov^ll Court for reversall of the First Judgm^t of the Sp" Court
aforemencon'd being Read, Argued and debated upon by the Attorneys on
both Sides, it is adjudged by this hon^rble Court (to wit) the 17^th day of Decem-
ber in the Eigth Year of the Reign of our Soveraign Lord King William the
Third etc: Annoque Domini 1696. That the s^d Error is Sufficient for Setting
aside the Judgm^t of the s^d Sp^ll Court and therefore Considered, that the
Judgm^t of the prov" Court afores^d (upon the Writ of Error ag^t the proceed-
ings and Judgm^t of the s^d Sp^ll Court there brought be affirmed, and that pro-
cedendo hence issue directed to the Justices of the s^d Court accordingly;

His Ma^ty ag^t Rich^d Swetnam in Appeal. It being moved by the Kings
Attorney Gen^ll how that the whole proceedings in this Cause had not been
transmitted for that the Venire was not yet Return'd therefore pray'd a Writ
of Diminution might issue which was granted and Order'd accordingly; His
Ma^ty ag^t Elias King in Appeal. The Same as before; [58] Henry Denton
Qui tarn ag^t Sloop Rob' and Ann in Appeal. Vpon Motion made in behalf of
M^r Rob^t Smith the Def^t in this Cause by M^r Charles Carroll, how that the s^d
M^r Smith was at p^rsent disappointed of Some p^rson to plead his Cause and
could not conveniently attend the Same himself, therefore pray'd a Continu-
ance thereof untill next Court, which was granted him, and the Cause con-
tinued accordingly.

Charles Carroll ag^t Eliz: Blackiston Ex^x of Coll Blackiston Deed: etc:

Procedendo.

William the Third by the Grace of God, King of England Scotland
France and Ireland Defender of the Faith etc: To the Justices of the prov^ll