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Provincial Court Land Records, 1676-1700
Volume 717, Page 138   View pdf image
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129  138

       without any Evidence or Witnesse produced to prove the matter of Fact imposed & charged
       upon the said Defendant  And now person sued or accused for the breach of any
       penall statute Can bee Legally Condemned w.thout sufficient proofe confession of
       the party or his refusall to plead

Ely  The said Judgment is Eronius in this That there is noe more charged or alleadged
       against the Defendant in the Declaracon Then that the said Defendant did by
       Lending of her Boat to Richard Hart Transport him out of this Province To the
       Defrauding of Credito.rs Contrary to an Act of Assembly in that case made Anno
       One thousand six hundred seaventy foure And the Justices of the said Court have
       Rendred Judgment That the said Richard Walker (the Defendant) is guilty in
       breaking the Act of Assembly in Conveying away Richard Hart out of this
       Province  Whereas the bare Lending of a Neighbour a Boate does not make
       the Lender Guilty of the breach of the said Act

       And thereupon the said Richard Walker sayth that in the Record and proces aforesaid
       as also in the Rendering of Judgment aforesaid Itt is manifestly Eronious in the Errors
       aforesaid by him informe aforesaid alleadged  And prayeth that the Judgment afores.d
       bee Revoaked and Adnulled and held for Nought And that hee to those things wch
       hee by occasion of the p.rmisses hath Lost bee Restored And that the said Thomas Lomax
       to the Erro.rs aforesaid may Answere To Wch Record proces ad Erro.rs aforesaid being
       read and heard the said Thomas Lomax by his Attorney aforesaid prayeth Lycence to
       Imparle thereupon untill next Provinciall Court and it is Granted unto him The same
       dayes given to The said Richard Walker Likewise

                                        Now here att this day (to witt) the Eleaventh day of Octob.r in
       the fourth yeare of the Dominion of Charles Lord Baltemore &c.a Annoq Domm One
       thousand six hundred seaventy nine Came the said parties by theire Attornyes afores.d
       and the said Thomas Lomax by his said Attorney sayth  That in the Record and
       proces as also in the Rendring Judgm.t aforesaid there is nothing Eronius and prayes the
       Court of the said Lord Proprietary here proceed unto Examinacon as well of the Record
       and proces aforesaid as of the matters aforesaid above for erro.r assigned and that the Judgm.t
       alsoe may bee affirmed

                                        And the said Richard as form.rly sayth that in the Record and proces as alsoe
       in the Rendering Judgm.t aforesaid there is manifest Erro.r and prayes as aforesaid that the
       Court will proceed to examinacon as well of the said Record and proces aforesaid as of the
       matter above assigned for Erro.rs And the said Thomas alsoe

       And hereupon the Record and proces aforesaid To the rendring the Judgment thereupon and
       the aforesaid Causes and matters above by the aforesaid plaintiff for Erro.rs assigned being seen
       and by the Justices here fully understood and dilligently Examined And for that it appeareth
       to the same Justices by the first reason for Erro.r assigned that in the Record and proces
       aforesaid as also in the Rendring of Judgm.t aforesaid itt is manifestly Eronius Therefore
       itt is considered That the Judgm.t aforesaid for the Erro.rs in the Record and proces afores.d
       bee Revoaked adnulled and altogether held for nothing and that the said Richard
       Walker unto all things wch by occasion of the Judgment aforesaid hee hath lost bee restored
       and that the said Richard Walker Recover against the said Thomas Lomax the sume
       of One thousand five hundred Fifty eight pounds of Tobacco for his Costs of Suite in
       this behalfe expended

       Charles absolute Lord & Prop.ry of the Provinces of Maryland and Avalon Lord Baron of Baltemore &c
       To the sheriffe of Dorchester County greeting Wee comand yo.u that you take Anne Obrian If she bee found
       in yo.r Baliwick and her safe keepe soe that you have her body before our Justices att our County Court
       holden for the said County the first tuesday in June next to answere John Rawlings in a plea
                                                                                                                                           (of


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Provincial Court Land Records, 1676-1700
Volume 717, Page 138   View pdf image
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