Volume 20, Page 42 View pdf image (33K) |
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42 Proceedings of the Council of Maryland, 1693-94.
Lib. C. B. Then was Read the following Petition, Vizt
To the honble their Majties Councill for the Province of Maryland
Thomas Tench by his Petition Humbly Showeth
That by Vertue of a speciall Comission of Oyer & abt Seizure Terminer before their Majties Justices therein named, p. 46 of his ship at their Court held at the City of St Maryes: the ship
by Esqr Randolph Margaret of London, one William Burnet Comander was vpon a fair Tryall and by the Verdict of a Jurye
legally Convicted and condemmed for breach of severall Acts of Parliament of England relating to ‘Trade & Navigation & therevpon adjudged to be forfeited with her Goods &ca one third to their Majtes the other third to the Governoo and the remaining third to their Majties Collector whoe Seized & sued for the same according to the Tenoe of the said Acts: That by Vertue of the condemnation & fforfeiture aforesd the said ship hath been taken into custody & is now ready to Saiie, but pre vented and stoped by the Seizure of Edward Randolph Esqr Surveyoe Generall of their Majties Customs here, vnder what pretence yoe Petitionr is not certainly informed, but (as is said) for want of a due Entry and paying their Majties Duties before loading to the great Damage of your Petitioner now therein interested & concerned and vtter overthrow of the Voyage against which he hath at present noe further or other Remidy then to applye himselfe to this honlbe Board for an Order per emptory to take off the Seizure aforesaid he haveing given security to the Collector according to Law & is willing to give New Bond & Security for the Master of the said Ship to pay the Kings Dues and observe the Laws &ca as is Usuall
And shall pray &Ca
After a full heareing of the same it was the Opinion of this Board as likewise of their Majties Attorney Generall here, being therevnto Required his Advice, that Whereas the said Mr p. 47 Randolph hath hitherto made noe Application to the Governmt for the bringing the said Ship to a legal Tryeall since the seizure of the same by him made as aforesd that therefore a Speciall Court of Oyer & Terminer be forthwith appointed for the Tryall of the said Ship, and therevpon— Ordered by advice aforesd as it is hereby Ordered that Cofnission forthwith issue vnder the Great Seale in Order to call a Speciall Court of Oyer and Terminer, thereby constitute ing & appointing Samuell Holdsworth Nathaniell Dare John Bayne, John Lowe & John Watson Gentlemen Comissionrs &
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Volume 20, Page 42 View pdf image (33K) |
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