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Proceedings and Acts of the General Assembly, October 1773 to April 1774
Volume 64, Page 320   View pdf image (33K)
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320 Assembly Proceedings, March 23-April 19, 1774.

L. H. J.
Liber 54
Apr. 5

House, have enquired into the Truth of the Facts in the same Peti-
tion contained, and beg Leave to report as follows. It appears to your
Committee that on the tenth Day of June, in the Year, 1754,
Robert Etherington, of this Province, Mariner entered into a Bond
or Obligation, payable to Isaac Levy in the penal Sum of Three
hundred and fifty Pounds Sterling, conditioned for the Payment
of One hundred and seventy five Pounds Sterling, with Interest
thereon. That Action was brought on said Bond in the Provincial
Court, and Judgment obtained at April Term, 1758, for the Penal
Sum of Sterling Money aforesaid, and Five hundred and thirty
four Pounds of Tobacco Costs of Suit; soon after which the said
Robert Etherington died and the said John Barnes administered on
his Estate, and returned an Inventory thereof into the Commis-
sary's Office, amounting only unto One hundred and nineteen
Pounds nineteen Shillings Current Money. It appears further to
your Committee, that Scire facias issued on the Judgment above-
mentioned as stated in the Petition, and Judgment was revived about
the Time therein set forth; after which the said John Barnes obtained
an Injunction in Chancery to stay Proceedings at Law, and the said
Leonard Hollyday, together with John Gray of Patuxent were
his Securities. That after the Answer of Isaac Levy came in,
shewing the Application of Payments alledged by the Complainant
to another Bond given by the said Robert Etherington to the said
Isaac Levy, the Injunction was dissolved, and the said John Barnes
is since dead, and, as your Committee believe, insolvent. It appears
further that Suits have been brought on the Injunction Bond, as the
Petitioner hath set forth, returnable to next Provincial Court; and it
does not appear there is any Estate or Effects of Robert Etherington
in this Province to satisfy said Judgment, except the small personal
Estate aforesaid, and the Tract of Land in said Petition men-
tioned, together with the Rents of said Land for some Years past,
which your Committee have been informed are still due and out-
standing. It appears also that the said Robert Etherington hath
left no Heir at Law in this Province, but your Committee are in-
formed, and believe, the Heir lives in Parts beyond the Seas, out
of the Reach of any Process of the Courts here, All which is sub-
mitted to the Honourable House.

Signed by Order, Benjamin Ford, Cl. Com.

Which was read; and the Petition of Leonard Hollyday was
read and granted, and Leave given to the Petitioner to bring in a
Bill pursuant to the Prayer thereof.

The Bill, entitled, An Act for repealing an Act against Ingrossers
and Regrators; the Bill, entitled, An Act concerning Provincial
Grand Jurors; and the Bill, entitled, An Act for the Relief of Ben-
jamin Harris of Frederick County, were severally read the second



 
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Proceedings and Acts of the General Assembly, October 1773 to April 1774
Volume 64, Page 320   View pdf image (33K)
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