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Proceedings of the Provincial Court, 1670/1-1675
Volume 65, Page 94   View pdf image (33K)
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           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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Proceedings of the Provincial Court, 1670/1-1675
Volume 65, Page 94   View pdf image (33K)
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