Volume 65, Page 94 View pdf image (33K) |
94 Provincial Court Proceedings, 1673. Liber M M that Jury likewise came to wit Thomas Hussey George Taylor Constant Daniel John Kimbro Thomas Vaughan Robert Clerke Spencer Hales Thomas Bennet William Asbiston Caleb Baker Joseph Brough and John Smallper who to say the truth in the prmises being Elected Tryed and sworne upon their oathes doe say that they finde for the Defendt wth costs of suite wherefore it is Considered by the Court that the said Henry Mitchell Recover agt the sd Richard Ladd the sume of pounds of Tobacco for his Costs and Charges in this behalf e vexatiously susteined and the said Henry Mitchell goe thereof without Day and the said Richard in mercy for his false complaint. Thomas More In an accön of Trespas upon a forcible Entry brought agt by the pit agt the Defendt, and the Defendt having Wm Asbeston pleaded not guilty and both ptyes put themselves upon the Judgemt of the Cort. It is by the Court ordered that the Condicion betweene the said ptyes be Cancelled wch was imedi ately Done by the Clerk of this Cort. and that the Defendt Asbiston be put into the possession of his plantation againe, and that Each pty beare their owne Charges, and so the Cort Dismissed them wthout d [ay] His Excellency informing the Court that Severall Complaints have beene made unto him by Severall of the Inhabitants of this Province that have had suites depending in the Provinciall Cort, that the way of pceedings hath beene so Tedious that it hath beene to the ruine of many times both plt and Defendt and also is a great dis couragemt to any pson to seeke for his Right at Law the Court taking the same into their serious Consideration Ordered that all Causes that shall hereafter Depend in this Cort be brought to a tryal the second Court after the Comencing the accOn, unlesse one of the partyes can show such sufficient cause to the Contrary such as the Cort shall approve of, and that no Attorney of this Cort shall sue out any writ against any pson but shall first file his Declaration and the Clerk of this Cort shall send a Coppy of the said Declaration with the part attested by himself or Depty for that purpose. and in Case of Demurrer to Declaration or plea It is by the Cort further p. 31 ordered that upon mocoñ any Attorney may have liberty to amend his Declaration or plea, and if any Costs be allowed by the CoTt upon any such Demurrer the Attorney shall pay the same that was in fault for not putting in a sufficient Declaracoñ or plea and of this Rule all the officers of this Court are to take notice at their perrill. Thomas Obryan of Charles County peticioned this Court that he was suthoned to appeare as a witnes on the behalfe of Virlinda Stone pfl agt Edmond Lindsey Defendt and here hath attended five |
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Volume 65, Page 94 View pdf image (33K) |
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