Volume 67, Page 283 View pdf image (33K) |
Provincial Court Proceedings, 1677/8. 283 Law of this land to put in any Answer To the said plaintiffes said Liber N N Declaracon And therefore doth Demurre in Law thereunto And for 526 cause of Demurrer according to the Statute in that case made & pro vided he saith, that the place or places where the said plaintiffe hath laid his said accon, & supposeth the said pretended trespas to be done to witt the Citty of Amsterdam in New Netherlands & the Weighouse of the same Citty are forreigne & not within this Province of Mary land nor any part thereof, nor within the Dominion of his Lordpp the Lord ProprY of this Province And therefore are not within the Jurisdiction of this Court And this Court cannot hold plea or take Conusance of the same accon Wherefore the said Raymond demands Judgemt if he shall be compelled to make any further or other Answer to the said plaintiffes said Declaracon. And the said Jacques Causeene saith, that he by any thing before alleadged ought not to be debarred from haveing his action aforesaid, because he saith that the said Citty of Amsterdam in the New Nether lands is now in the possession of his Matie the King of England that now is, & the said Citty is now called by the name of New Yorke And that the said Jacques & the rest of tlic Inhabitants of the 3aid Citty are now subjects to, & under the proteccon & Allegeance of his Matie, the King of England that now is, & therefore right hath to comence his action aforesaid in the Court of the said Lord Propry of this Province And that the Conusance of the said action is within the Jurisdiction of this Court, & this he is ready to averr, & thereupon demands Judgemt & his damages. Which being read & heard & by the Court here fully understood, itt seemeth to the same Justices here that the Declaracon aforesaid of the said Jacques Causeene informe aforesaid made & declared, & the matter in the same contained are sufficient in Law to maintaine him the said Jacques to have his action aforesaid agt the said Raymond Therefore itt is considered that the said Jacques recover agt the said Raymond his damages by occasion of the trespas aforesaid But because itt is not known what damages the said Jacques Causeene hath sustained by occasion of the prmisses Itt is ordered by the Court that a Writt of Inquiry of damages issue returnable next Provinciall Court John Burridge Elizabeth Greene Widdow late of St Maryes County agt & Tho: Potter late of St Maryes County otherwise Eliza Green & called Elizabeth Greene Widdow & Thomas Potter Tho: Potter planter were Sumoned to Answer unto John Bur ridge of a plea that they render unto him the full & just Sume of three thousand one hundred thirty & eight pounds of good sound Mrchantable tobacco & cask which to him they owe & unjustly detaine And whereupon the said John Burridge by Robert Ridgely his Attorney saith, that whereas the said Elizabeth & Thomas the eight |
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Volume 67, Page 283 View pdf image (33K) |
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