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Proceedings of the Provincial Court, 1681-1683
Volume 70, Page 130   View pdf image (33K)
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            130 Provincial Court Proceedings, 1681/1682.

     Liber W. C. erty to Imparle hereunto untill next Provinciall Court and It is
                 granted unto him the same Day is given to the plt likewise
                  Now here at this day to wit the seaventh day of March in the
                Seaventh yeare of the Dominion of the Right Honobie Charles Lord
                Baltemore &ca Annoq Doni 1681 Came the Said partyes by their
                Attorneys aforesaid and the said John Nicholls by her sayd Attor
                ney sayth That the appeale of the said Susanna from the Judgment
         p. 506 of County Court of Baltemore County Given on the seaventh day
                of July 168o: in the Cawse there Depending betweene the said
                John Nickolls plt & the said Susanna Uty deft was not made and
                Claymed according to a Certaine Act of Assembly Enacted at the
                Citty of st Maryes Att a General Assembly there held the Twen
                tyeth day of Octobr in the third yeare of the Dominion of Charles
                &c. Annoq Doni 1678: Entituled an Act for Appeales and Regu
                lateing writts of Error, ffor that the said Judgment that was Ap
                pealed from was given att a County Court held for the said County
                of Baltemore the seaventh day of July in the yeare 168o aforesaid,
                and the said susanna did not appeale in the said Action whilst the
                next County Court held for the said County viz the Eighth Day of
                September the next Following, The said Appealee haveing Slipt her
                time to appeale Noe Remidy can be had therein but by writ of
                Error, And since the Justices of this Court of any appeale from ye
                County Court can hold plea onely by vertue of the said Act of
                Assembly before recited & by noe other Lawe whatsoever The said
                appealee Demands Judgment of the Court if the said appealant have
                ing neglected to appeale from the Judgmt of the County Court
                aforesaid to this Court, the Day of the Judgment given, Whether she
                can by the said Act of Assembly be Admitted to appeale the Court
                after, And further if this Court the Argueing the Errors by her
                assigned in the Judgment aforesaid by the Lawe Can Admitt The
                said Appeale not being made in Due time, And prayeth that he may
                be hence Dismissed wth his Losts and Uharges in this behalte vexa
                tiously sustained:
                  Which Reasons aforesaid and answeare to the reasons aforesaid
                being read and heard & by the Justices here fully undrstood and
                Dilligently Examined Itt Semeth to the Justices here that the afore
                said Reasons of the aforesaid Susanna Uty in manner aforesaid
                Specifyed and the matters therein Contained are sufficient to reverse
                the Judgment aforesaid the same being manifestly vitious and Erro
                neous: and the said John Nicholls being three times Solemnly Called
                appeared not Therefore Itt is Considered by the Court here that
                the Judgment aforesd for the Errors in the Record and Processe
                aforesaid Be Revoaked Adnulled & altogether held for Nothing And
                that the said Susanna Uty unto all things wch by occasion of the
                Judgement aforesaid she hath Lost be Restored And that the said
                Susanna Uty Recover against the said John Nicholls the sume of
         


 
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Proceedings of the Provincial Court, 1681-1683
Volume 70, Page 130   View pdf image (33K)
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