| Volume 70, Page 128 View pdf image (33K) |
128 Provincial Court Proceedings, 1681/1682.
Liber W. C. Country & the Deft Likewise: Whereupon comand is given to the
sheriffe of Baltemore County to Cawse to come here Twelve &c
who neither &c To Recognize &c Because aswell &c, Att wch seav
enth Day of July in the yeare aforesaid Came the said John Nicholls
& the said Susanna Uty by their Attorneys aforesaid as the Jurors
(to wit Rowland Thornborg, William Cromwell, Michael Judd,
James Collyer, John Right, Thomas Heath, James Denton, Thomas
Cannon, George Gunnell Peter Ellis, Robert Love, & John Mould
Who being Impannelled Sumoned and Sworne to say the truth in
the prmisses &c haveing heard what could be said on Either part
Upon their Oathes Doe Say Wee of the Jury Doe finde that the
plantiffe Ought to have his wages and ffoure hundred & fifty
pounds of Tobacco Damages wth costs.
And thereupon the said susanna Uty by John Dunston her Attor
ney alleadgeth that she is not guilty &Ca But this Court not Con
ceeding thereunto the said Susanna prayed and Appealed from the
said Judgment aforesaid & that the said Cawse might Come before
his Lopps Justices att the Provinciall Court to be held at the Citty
of st Maryes On the ffifth day of October next Ensueing, & that
the Tenor of the Record and Proceedings in the Cause aforesaid
might be sent to his Lopps Justices of his Provinciall Court afore
said to have inspection of the same & to Render Judgment thereon,
In order to wch the said Susanna Uty together with her Suretyes
James Phillips & David Jones became bound unto the Said John
Nicholls the said Susanna in the sume of foure Thousand pounds
of Tobacco and the said James and David in the Like Sume to be
Leavyed of their goods Chattles Lands and Tennements In Case
likewise the said Susanna shall not satisfy and pay If the said
Judgment be affirmed All and singuler the Debts damages & costs
Upon the Two seaverall Judgments Viz (This Judgment and the
Judgmt following) And all Costs and Damages to be Awarded for
Delaying of Executions upon the said Judgments, unlesse the afore
said Susanna Uty doe pay the same or Render her body to Prisson
Which said Provinciall Court on the said fifth day of October
was by his Lopps writt of Adjournment Adjourned till the Three
and Twentyeth Day of November following, Att wch said Three
and Twentyeth day of November Came the said Susanna by her
attorney aforesaid, and according to the act of Assembly in that
case made and provided Entituhed an Act for Appeales and Regu
lateing writts of Error Offereth to the Court here for Cause and
Reason of her the said Susanna's appealeing from ye Judgment of
the Court of Baltemore County aforesaid ffor that the Record and
pceedings before recited are Manifestly Erroneous
ffirst ffirst Itt is manifestly Erroneous in this, In that there is
Variance betweene the writt and the Declaracon, ffor the writ Sayes
p. 505 That you take Susanna Uty If she shall be found in yor Baliwick
& her Safe Keepe soe as you have her body att a Court to be held
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| Volume 70, Page 128 View pdf image (33K) |
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