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159 150 Att a County Court of the Right hono.ble Charles &c held att the Ridge in Ann Arrundell County on the ninth day of December 1679 By his Lordshipps Justices thereunto authorised & assigned Major John Welsh Cap.t Richard Hill P.rsent Comission.rs Nathan.ll Heathcote Edward Dorsey Gent Cap.t Tho Francis Richard Beard Juno.r George Parker Attorney for William Bourne Cooper Did shew to this Court a certaine peticon Exhibited by the said Bourne to the hono.ble Chancellour praying his Hono.rs order on Letter to bee directed to his Lopps Justices of Ann arrundell County comanding them to admitt the said Bourne to have an appeale from a Judgment obtained by James Rigby planter against the said Bourne att a Court held in the said County of Ann Arrundell on the eleaventh day of November last past On w.ch said Peticon was Endorsed a Certaine precept from his Hono.ble the Chancello.r requireing the said Court of Ann Arrundell to admitt the said Bourne to his appeale from the Judgment aforesaid as also requireing the Clerke of the said Court to transmitt the whole pceedings upon the said Judgment to the next Provinciall Court and comanding James Rigby to permitt the peticon.r William Bourne to goe to the County Court to put in security upon his appeale and the said Rigby and the peticon.r to appeare to the said appeale Whereupon endorsed by this Court that the said peticon.r Bourne bee Admitted to his appeale After which the said Appealant Bourne together with Cap.t Nicholas Gassaway and Nicholas Greenberry Gentl allowed by this Court Came here and acknowledged themselves to stand indebted unto James Rigby in the sume or quantity of Foure thousand pounds of good Tobacco and Caske to bee leavied on theire lands and tenements goods and Chattells to the said Rigbyes use in case the above menconed William Bourne Cooper shall not prosecute with effect his said appeale And in case likewise that the said Bourne shall not satisfie and pay if the abovesaid Judgment bee affirmed all and singular the debts damages & costs adjudged or to bee adjudged upon the Judgment aforesaid unlesse the aforesaid Bourne doe pay the same by servitude or otherwise This is a true Coppy Examined by me Rich Boughton Clke And hereupon came as well the said William Bourne by George Parker his Attorney as the said James Rigby by Christopher Rousby his Attorney and the said William Bourne by his said Attorney exhibitteth to this Court his reasons for the said appeale wch Followeth in those words Viz Memorandum that this p.rsent thirteenth day of February 1679 came William Bourne by George Parker his Attorney and Exhibitteth to the Court here the reasons why hee Did appeale from the Judgm.t of the County Court of Ann Arrundell County in a matter there depending betweene James Rigby p.lt ag.t the said William Bourne and hee bringeth into Court here before the Justices of this Court a Copy or transcript of the Record of the said County Court according to Act of Assembly in that case made and provided And for reason of the said appeale hee saith that the Judgment of the Court aforesaid is grounded of an Affidavit of Samuell Phillips who saith that when James Rigby was bargaining for his sarvant William Bourne there was some dispute about and Indenture and that in the Indenture then seen by this Depon.t there was in the line for terme of yeares something scratched out and the word (three) written above it and thereupon the said Court upon Full hearing the allegacons and pleadings in and upon the Complaint aforesaid and the Deposicon is of oppinion that the above menconed William Bourne sarvant to James Rigby came into the Country without any Indenture And the Record saith itt is Considered by the Court that the Oath of the said Phillips bee entred on Record and that the said William Bourne shall returne to his Masters service there to continue till a Coppy of his Indenture (if any there bee) may in a twelve months time bee procured by the said James Rigby out of the said Office whence the same is Enrolled and if it shall appeare that the said sarvant did come into the Country with an Indenture and that by the Coppy of the said Indenture to bee procured as aforesaid the said sarvant ought to have been Free that then the said James Rigby shall render such satisfaccon and recompence to the said William Bourne For (such |
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Provincial Court Land Records, 1676-1700
| Volume 717, Page 159 View pdf image |
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