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Proceedings of the Provincial Court, 1679-1680/1
Volume 69, Page 321   View pdf image (33K)
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Provincial Court Proceedings, 1679/80. 321


may appeare. Whereupon the same John England the Seaventeenth
day of October then next by his said Attorney psecuted a Certaine
writt of Execucon out of the same Court To the Sheriffe of the
County of St Maryes Directed against the body of the said Garrat
Vanswearingen upon the same Judgment for the same sume of Two
thousand Two hundred seaventy six pounds of Tobacco and ffive
hundred thirty six pounds of Tobacco Costs in all the sume of Two
thousand Eight hundred and Twelve pounds of Tobacco, and Re-
turneable before the same Justices the ffifth day of March then next
following, wch said writt of Execucon against the body of the said
Garratt att the suite of the said John England for the said Two
Thousand Eight hundred and Twelve pounds of Tobacco hee the
said John to the said Gerrard Slye then high sheriffe of St Maryes
County, the thirteenth day of October Att Bushwood in the said
County delivered in forme of Law to bee Executed, By vertue
whereof the said sheriffe the body of the said Garratt in Execu-
tion for the same debt did take and arrest the Tenth day of Novembr
then Next following, and him the said Garratt in Execucon undr his
Custody for the same debt and Costs then and there had and Kept,
and the sd Garratt Vanswearingen undr the Custody of the said
Gerrard Slye the then high sheriffe of the said County for the
Cause aforesaid in forme aforesaid being, the said Gerrard slye
afterwards that is to say the Eleaventh day of November then next
following, Hee the said Gerrard being then Sheriffe of the County
of st Maryes and the said Garret Vanswearingen in his Custody
for the Cause aforesd Remaining The said Gerrard him the said
Garratt out of his Custody without the Lycence and Contrary to the
Will of the said John England (The said John England of his said
debt and Costs amounting to Two thousand Eight hundred and
Twelve pounds of Tobacco as aforesaid not being satisfyed) Did
Suffer freely to goe att Large whether hee would, and the same
Gerrard the writt of Execucon to the same Justices att the Citty of
st Maryes the same fifth day of March did fraudulently returne.
That hee had taken the body, but not that hee had him ready as by
the same writt hee was Required, by wch fraudulent and Imperfect
Returne of the said late Sheriffe, and the body of the said Garrat
not being ready by the said sheriffe to bee delivered in Court as by
the same writt hee was Required, The said John England hath
absolutely lost his debt and Costs aforesaid against the said Gar-
ratt hee haveing been taken by the said sheriffe in Execucon for the
same as aforesaid, and by him suffered freely to goe at large as
aforesaid, To the damage of the said John England Twenty thou-
sand pounds of Tobacco, and thereupon hee produceth his suite
And the said Gerrard Slye by Christopher Rousby his Attorney
cometh & defendeth the force and injury When &c. and prayeth
Liberty to imparle hereunto untill next Provinciall Court and it is
granted unto him. The same day is given to the plt likewise

Liber W. C.



 
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Proceedings of the Provincial Court, 1679-1680/1
Volume 69, Page 321   View pdf image (33K)
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