| Volume 67, Page 345 View pdf image (33K) |
Provincial Court Proceedings, 1677/8. 345
aforesaid twelve good & legall men of his bailywick by whom &c Liber N N
who neither &c to try the issue joyned &c And the same day to witt
the Seventeenth day of Octobr aforesaid came the said Sheriffe &
returnes to the Court here that he hath Sumoned &c by whom &c as
the writt requires. Whereupon the Jurors appearing & being duely
sworne the wittnesses subpenaed for the plaintiffe were called whose
depositions are as followeth Vizt Thomas Taillor upon his Oath
saith That after judgemt obtained agt Thomas Knighton Execucön
was issued agt the said Knighton for the sume of two thousand foure
hundred pds of tobacco, which Execucön yor depont went with the
Sheriffe to Levy & told the said Knighton that he came to Levy the
Execucon upon his tobacco The said Knighton told the Sheriffe he
had tobacco & went to the tobacco house with the Sheriffe, & shewed
the tobacco to the Sheriffe, & delivered part of itt to the Sheriffe,
which the Sheriffe seized for yor Depont & the Sheriffe sett the broad
arrow upon the tobacco house where there was five roomes above
joyce & the joyce & also a bulk which the said Knighton promised
to stripp for the Sheriffe & pay to yoT Depont And also that Cot Chew
& Robert Peca came after judgemt & tooke the tobacco as Cot Chew
& Tho: Knighton did both say. Tho: Taillor drawn by himself e
Thomas Knighton aged about forty one yeares being sworne
& Examined in Court saith
That about ffebruary last Robert Peca came to this Deponts tobacco
house with Cot Chew, & seized the tobacco in this Deponts tobacco
house, and likewise the tobacco in the loft (both for rent) And after
wards the Sheriffe & Cot Taillor came & marked the tobacco house
with the broad arrow, & afterwards went into the house, & there was
a bulk of tobacco which they asked the Depont what itt was, & this
Depont told them itt was tobacco, & they replyed they could not be
certaine of that except he this Depont would shew itt & lett them see
itt; whereupon he this Depont opened the same & gave out a plant
Afterwards came this Deponts Landlord Peca & brought hands with
him & stripped itt out And after he had stripped & packed itt he
marked itt, & after the markeing he went away & sent Cot Chews
Sonn & his man to sett the marke of the said Col Chew upon the
said tobacco, & the Sheriffe came afterwards & sett the broad arrow
upon the hogsheads, And when itt was a season he this Deponts
Landlord & his Servants came & stripped the remainder & packed itt
in hogsheads, & sent Mr Chews Sonn & he marked the same also
And then Col Chew sent Seamen with his Sonn & fetched itt away,
And this Depont farther Saith not.
After full heareing of the Allegacons & pleadings in & upon the p.
severall testimonyes of the said Deponts on both sides, the said testi
monies being first read in the audience of the Court & likewise of
the jury impannelled as aforesaid, the said jury was dismissed the
Court to consult of their verdict
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| Volume 67, Page 345 View pdf image (33K) |
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