
    GENERAL COURT,
    OCTOBER TERM, 1796
    George Schnertzell against Mary Young, Administratrix of Henry Young.
    THIS was an appeal from the county court of Frederick. By the record it appears that Hugh Young, in his lifetime, brought an action of trover in the county court against Schnertzelliov final settlement certificates amounting to 166 dollars.
    The plaintiff, as appears by the bill of exceptions taken at the trial, offered in evidence to the jury a paper purporting to be the certificate of Thomas Johnson, junior, clerk of the council of Maryland, which certificate sets forth a copy from the book of final settlements and receipts of Captain John Hamilton, and the following order of the governor and council:
    
      “ In council, April 28th, 1786, Captain John Hamilton, the agent for the officers and soldiers of the Ma ■ yland line of infantry, having signified that the delivery of the certificates received by him from the deputy commissioner of army accounts is so nearly complete as to render his farther attention to the business unnecessary,
    “ Ordered, that the clerk of the council receive from Captain John Hamilton all the certificates for the final settlements of the officers and soldiers aforesaid, which remain in his hands, and that he pass his receipt to Captain Hamilton for the same. By order,
    “ T. Johnson, jun. Clerk.”
    To which was the following certificate :
    “ State of Maryland, ss. I hereby certify that the above is a true copy from the book of final settlements and receipts of Captain John Hamilton, then agent, &c, taken into my possession in virtue of the within order of the governor and council. Witness my hand this 24th day of October, 1793.
    “ T. Johnson, jun. Clerk of the Council.”
    
      Mason and J. Dorsey, for the appellant.
    
      ■Shaaff and Nelson, for the appellee.
   The defendant objected to this paper being read to the jury, it being not legal evidence. But the court overruled the objection, and adjudged the said paper to be proper and legal evidence.

The general court reversed the judgment of the county court, upon the ground that the clerk of the council was not an officer competent by law to authenticate copies.

A procedendo was awarded, and the record remitted to the county court.  