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135) 144 Thirdly The proceedings are Erronious in this that the Issue is ill Joyned for the Defendant pleads that hee is not guilty of the breach of the act of Assembly in the declaracon mentioned and that of this hee putts himselfe upon the Country and the plantiffe Replyes that the said Richard Walker did both wittingly and willingly lend the said Hart his boate to transporte him out of this province as in the Declaracon is exprest and for Tryall putts himselfe upon the Country Whereas the Issue ought to have been Joyned that the said Walker was guilty of the breach of the Act of Assembly in the declaracon mentioned Fourthly The Judgment rendred in the same Cause is Vitious and Erronious in this that itt is not agreeable to or Warranted by the Verdict of the Jury for the words of the Verdict are that Richard Walker did Lend Richard Hart the boate and the bare Lending of a man a boate is not matter sufficient to bring the lender w.thin the Compas of the penalty of the act of Assembly made in the yeare One thousand six hundred seaventy foure Entituled an Act prohibbiting all Masters of shipps or Vessells or any other persons from transporting or Carryeing away any person or person out of this province w.thout passed w.ch is the statute or Act upon w.ch the Defendant is sued and the Jury not finding the Defendant Guilty the Court ought not to have Concerned him And thereupon the said Richard Walker sayth that in the Record and proces aforesaid as also in the Rendring of Judgment aforesaid itt is manifestly Eronious in the Errors aforesaid by him informe aforesaid alleadged and prayeth that the Judgment aforesaid bee Revoaked and adnulled and held for nought and that hee to those things w.ch hee by occasion of the premisses hath Lost bee reffered and that the said John Fawkes to the Erro.rs aforesaid may answere Which Record proces and Errors aforesaid being read and heard the said John Shankes by his Attorney aforesaid Prayeth Lycence to imparle thereupon untill next provinciall Court and itt is grannted unto him the same day is given to the said Richard Walker Likewise Now here att this day to witt) the Eleaventh day of October in the fourth yeare of the Dominion of Charles Lord Baltemore &c Annoq Domini One thousand six hundred seaventy nine came the said partyes by theire Attorneys aforesaid and the said John Shankes by his said Attorney sayth that in the Record and proces aforesaid as also in Rendring of Judgment aforesaid there is nothing Erronious and prayes that the Court of the said Lord Proprietary here may proceed to Examinacon as well of the Record and processe aforesaid as of the matters aforesaid above for Erro.r assignes and that the Judgment also may be affirmed And the the said Richard sayth as formerly that in the said Record and processe aforesaid as also in the Rendring of Judgment aforesaid there is manifest Erro.r as before Expressed w.ch hee is Ready to averr and prayes as aforesaid that the Court will proceed to examination as well And the said John Shankes alsoe And hereupon the Record and proces aforesaid to the Rendring the Judgm.t thereupon and the aforesaid Causes and matters above by the aforesaid plt for Errors aforesaid being then and by the Justices here fully understood and dilligently examined and for that it appeareth to the same Justices by the first reason for Errors assignes that in the Record and proces aforesaid as also in the Rendring of Judgment aforesaid itt is manifestly Erronious Therefore itt is Considered that the Judgment aforesaid for y.e Erro.rs in the Record and powers aforesaid bee Revoaked adnulled and altogether held for nothing and that the said Richard Walker unto all things w.ch by occasion of the Judgm.t aforesaid hee hath lost bee Restored and that the said Richard Walker Recover against the said John Shankes the sume of Twelve hundred Eighty Eight pounds of Tobacco for his Costs of suite in this behalfe Expended |
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Provincial Court Land Records, 1676-1700
| Volume 717, Page 144 View pdf image |
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