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Provincial Court Proceedings, 1679/80. 189
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served by the sheriffe claymed property in the said Colt, Yet Not-
withstanding the said Colt was delivered into the Custody of the
said Pit, wch hee ought not to have done, but to have Returned the
Clayme of the Defendts property
3 Its Error in that. The plts plea in barr to the defendts Avowry is
uncertaine and Insufficient, in that hee saith that the said Colt is not
the proper Colt of the said Richard Atwood, Whereas hee ought to
have said That the said Colt att ye supposed time of the takeing
and Detaining of the same by the said Richard Atwood was not
then nor ever since the proper Colt of him the said Richard wthout
Averment of wch the said Richard might to have had at that time a
property, and then noe Cause of Accon att the time of bringing the
said Writt for the takeing and Detaining
Wch Reasons aforesaid being Read heard and Argued, and by the
Justices here fully Understood Itt Seemeth to the same Justices,
that the Error in the second Reason aforesaid is sufficient in Lawe
to Arrest Judgment upon the Verdict of the Jurors aforesaid, There-
fore Itt is Considered that the said Marke Cordea take nothing by
his writt but bee in mercy for his false claime thereupon, and the
said Richard Atwood may goe thereof wout Day And that the
said Richard Atwood Recover against the said Marke Cordea the
Sume of ffourteene hundred Twenty and eight pounds of Tobacco
for his Costs and charges by him about his defence this behalfe
laid out and expended, And the said Richard may have thereof
Execution
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Liber W. C.
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Robert Doyne
agt
William Wright
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William Wright late of Charles County Planf
was attached to Answere unto Robert Doyne of
a plea of Trespas upon the case
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p. 170
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And whereupon the said Robert Doyne by
Kenelme Cheseldyne his Attorney Complaineth That Whereas by
one Act of Assembly made att an Assembly begunn and held att
st Maryes the Tenth day of October in the yeare of our Lord god
one thousand six hundred seaventy one, And by severall subsequent
Acts Revived and Continued and now standing in force. Intituled
an Act Concerning those servants that have Bastards, Itt is Enacted
that every such mother of a Bastard Child not Able sufficiently to
prove the party charged to bee the begetter of such Child, in Every
such Case the mother of such Child shall onely bee lyeable to satisfie
the damages soe sustained by Servitude or otherwise as the Court
before whome such matter is brought shall see fitt and Convenient
Provided that where the mother of any such Child as aforesaid
shall bee Able to prove her charge Either by sufficient Testimony
of witnesses, Confession or Regnant Circumstances agreeing wt
her Declaration in the extremity of her Paines and Throwes of
Travaile, or her oath Taken by same Majestrate, then the pty
Charged If a Sarvant to satisfie half the said Damage, if a freeman
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