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Proceedings of the Council of Maryland, 1696/7:1698
Volume 23, Page 106   View pdf image (33K)
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                 106 Proceedings of the Council of Maryland, 1696 / 7-98.

          

           Lib. H. D. Mr Wm Sharps The humble Petition of Wm Sharpe of Talbot

                 Pet & Ordr

                 of Reference County.

                 to the Kings   Humbly Sheweth—That a Judgmt was obtain'd

                 Lawyersat the Kings suit against yor Peticonr for one

          

          

                Thousand pounds Sterl & yor Petr before any Execution

                Sued out agt him, being advised by his Counsell that there

                was Error in the Judgmt so as aforesd Obtain'd agt him did

                thereupon Sue out his Writt of Error returnable before yor

                Exncy and this honrble Board and procured a Writt of Super

                sedeas which was directed to the Sherriff of Talbot County

                and afterwards that is to Say on Saturday Night very late

                being the 24th Instant the Sherriff of Ann Arrundell County

                Came to Serve yor Peticonr with Execution upon the sd

                Judgmt aforesd and although yor Peticonr shewed the sd

                Sherriff the Writt of Supersedeas when he Came to Serve

                the Execution and before he had Served the Same Yet he

                would not take any Notice thereof but Served Execution and

                does Still detain yor Peticonr in Prison thereon

                  Yor Peticonr humbly Prays yor Exncy and this Honrble Boards

                Consideracon of the Premises and that he may be Released

                from his Illegal imprisonmt and Restored to his liberty; and

                he will

                                                  Pray &ca

          

          

                  Ordered that the Same be Referred to the Kings Lawyers

                for thm to make Report thereon what the Law says in that

                Case. But it is Remarked that if the Petitionr had been

                minded to PeticOn before, he might, there having been

                enough of his Mats honrble Councill in Town, to have given an

                Answer thereto from the time of his first being Arrested.

                  Produced by his Exncy to the Board a Letter by him rëcd:

                from the Rt honrble the Commrs of his Mats Customs of the

                10th of June 1695, directing a prosecution to be made of John

                Tench's Navigation Bond Wm Sharpe Security, which was

                Read.

                  Then produced a former Ordr of this Board for putting the

                sd Bond in Suit which was likewise Read; the Effect whereof

                his Exncy does Say has been Complyed with, upon which

                Accot the sd Sharp the Peticonr now lyes under Execution.

            p.492 The Report of his Mats Lawyers upon the foregoing

                Peticon was produced and Read as followes Vizt To his Exncy

                the Governr in Councill &Ca In Obedience to this Comand I

                humbly offer that a Supersedeas to the Sherriff of Talbot

                County Could have no Influence on the Sherriff of Ann Arll

                County but that he having a Possitive Precept Coifianding

                him he ought by the Duty of his place to Execute it Notwith

          



 
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Proceedings of the Council of Maryland, 1696/7:1698
Volume 23, Page 106   View pdf image (33K)
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