Volume 23, Page 106 View pdf image (33K) |
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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Volume 23, Page 106 View pdf image (33K) |
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