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220 Provincial Court Proceedings, 1679/80.
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Liber W. C.
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theire said County to Impannell any Jury or Inquest or any surveyor
or Deputy survey or to Runn out the Lines of any mans Land or to
grant any speciall or other Warrant to any Surveyor or Deputy
surveyor to Doe the same, or to make such Enquiry of Damages,
or upon the Returne of any such Inquisicon to proceed to give
Judgment upon the same, but the same Cause is onely and proply
Tryable and Determinable In the provinciall Court of this province
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P. 195
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before the Justices here, And soe hee saith that the Judgment and
Recovery aforesaid in the County Court aforesaid is Absolutely
Voyd, & Coram non Judice, for Want of Jurisdiccon aforesaid
Wch hee is Ready to Averre, and Prayeth that the said Judgment
for the Reasons aforesaid and others in the Record & processe being
may bee Reversed annulled and made voyd, and that hee unto all
wch by occasion of the Judgment aforesaid Given hath Lost may bee
Restored whereupon day is given to both partyes untill next Pro-
vinciall Court
Att wch said next Provinciall Court to witt the fourteenth day of
May in the ffifth yeare of the Dominion of the Rt honoble Charles
Lord Baltemore &c Amicxp Domini 1680 Came the said pailijcs b
theire Attorneys aforesaid, and the Record processe proceedings
and Judgment aforesaid With the Reasons for Reverseing the same
being Read heard and by the Justices here fully understood, Itt
Seemeth to the same Justices that the Judgment aforesaid for the
Reasons aforesaid is Manifestly Erronious, Therefore Itt is Con-
sidered that the Judgment aforesaid for the Errors in the Record
proces and Proceedings aforesaid Bee Revoaked Adnulled and
altogether held for nothing, And that the same John Lemarre unto
all things Wch hee by occasion of the Judgment aforesaid hath Lost
bee Restored, And that the said John Lemarre Recover against the
said George Godfrey the sume of Nineteen hundred ninety one
pounds of Tobacco for his Costs and Charges herein Laid out and
Expended,
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Roger Baker
agt
Michael Higgens
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Michael Higgens late of Calvert County Planter
was attached to answere unto Roger Baker of a
plea Wherefore with force and Armes the Close
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& Tobacco house of him the said Roger att
st Leonards Creeke in the County aforesaid did breake & Enter and
the grasse of the said Roger in the said Close growing to the Vallue
of five pounds With his feete in walking Trod downe and Con-
sumed, and foure hogsheads of picked & Culled Tobacco Containing
Neate Nineteene hundred pounds in the sd Tobacco house found of
the Vallue of Twenty foure pounds Sterling being the prop goods
and Chattells of the said Roger Baker tooke and Carryed away, and
other Enormities to him did doe to the great Damage of the said
Roger Baker, and against the peace
And Whereupon the said Roger Baker by Robert Ridgely his
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