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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