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300 Provincial Court Proceedings, 1679/80.
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Liber W. C.
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of the said Thomas Harris &c: Whereupon brings his action &c. All
wch is manifestly vitious & Erronious
(6) The said Cause is Coram Non Judice, ffor the Comission" or
Justices of the County Court of Kent County have noe Power
authority or Jurisdiccon whatsoever To heare Trye or otherwise to
determine any accon of detinue as this Case is, for any Legacy or
other Cause whatsoever, Nor ought the said Lewis and Mary to have
been sued there for the Same, and soe for that Reason the said pro-
ceedings ought to bee Quashed and set aside
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p. 273
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And therefore the Said Lewis and Mary pray the said pceedings
in the said County Court of Kent County may bee Set aside and
Quashed & the rather for that the said Lewis and Mary have not
now nor had not at the time of the purchasing of the said Originall
writt of the said Thomas & susanna, of the Estate of the said Des-
borow Bennet wch was of the sd Desborow at the time of the decease
of the said Desborow to pay the Legacyes aforesaid had they beene
duely or in a due place Sued or impleaded for the same, and that
they to all things that they have Sufferred by Occasion of the prmisses
may bee restored
Which Reasons aforesaid being Read heard and Argued and by
the Justices here fully Understood and dilligently Examined It
seemeth unto the same Justices that the Error in the ffirst Reason is
sufficient in Lawe to Reverse the aforesaid Judgment of the County
Court of Kent County aforesaid, Therefore It is Considered that
the Judgment aforesd for the Erro" in the first reason aforesaid as
also in the Record and processe aforesaid, Bee Revoaked Adnulled
and altogether held for Nothing, & That the said Lewis Blangey and
Mary his wife unto all things wch by occasion of the Judgment afore-
said they -hath- have Lost bee Restored, and that The said Lewis
Blangey and Mary his wife Recover against the said Thomas Harris
& susanna his wife the sume of Twelve hundred fifty six pounds of
Tobacco for his Costs and Charges in this behalf Expended
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To the ho
Arthur Sawyer]
agt
Edward Gibbs
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noble The Justices of the Justices of ye Provll Court
Whereas Edward Gibbs late of Somerset County
'Marchant was Sumoned to answere unto Arthur
Sawyer of Bristoll Marchant of a plea that hee Ren-
der unto him his reasonable account for the time hee
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was receivr of the goods wares Marchandizes and Tobaccoes of him
the said Arthur to the pfit of him the said Arthur wch to him to
Rendr hee ought, and for that the said partyes have pceeded before
Yor Hono" in the Provinciall Court of this Province of and upon
the prmisses Soe farr that Judgme was by yor hono" in the said
Court Awarded that the said Edward Gibbs ought to accot wth the
said Arthur Sawyer for the time hee was Receivr of the goods wares
Marchandizes and Tobaccoes of him the said Arthur to the Vallue
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