| Volume 70, Page 264 View pdf image (33K) |
264 Provincial Court Proceedings, 1682.
Liber W. C. aforesaid included within the bounds agreed upon as aforesaid ac
cording to the forme & effect of the said award And the Award
aforesaid to performe & Keepe And the peaceable posession of the
Land houses fences aforesaid to deliver doth still denye and refuse
And this he is ready to verify whereupon he prayes Judgment & his
debt aforesaid together with his Damages by Occasion of detaine
ing of that debt to him to be Adjudged &c:
And the said William Steevens by his said Attorney Sayth that
for any thing above in the Replicacon of the said Lovelace alleadged
he the sd Lovelace his accon against him ought not to maintaine
Because he Sayth that the Replicacon aforesaid & the matter therein
contained is not Sufficient in law to maintaine the said accon Nor
hath the said William Steevens any need nor by the Law of this
Province is bound thereto to answere and this he is ready to averr
Whereupon for want of a Sufficient Replicacon in this behalfe the
p. 610 said William Steevens Prayeth Judgment of the said Replication
and if thereupon the said Lovelace his said accon against him
Ought to maintaine &c, And for Causes of Demurrer according
to the forme of the Statute in this Case made and Provided he the
said William Steevens to the Court here sheweth that the Said
Replicacon of the Said Lovelace is uncertaine Vagous & wants
forme, And that the Said Lovelace doth not Sett forth that there
were two parts of the Said Award according to the Condition afore
said And further that the Said Award is in it Self voyd in law in
regard the Arbitrators by law have not Power to determine the right
of ffree hold And likewise that ye submission was onely of lands in the
possession of the said Lovelace And therefore to award that the said
William should give the said Lovelace posession was matter out of
the said Submission and soe voyd
And the aforesaid Lovelace Gossage by his Attorney aforesaid
Sayth That the plea aforesd by him the said Lovelace in manner
and forme aforesaid above by Replicacon pleaded and the matter
in the same contained is good and Sufficient in the law to main
taine the accon of him the Said Lovelace had against him the said
William & that the same Plea and the matter therein contained the
said Lovelace is ready to verify & prove as the Court shall Award,
And because the said William to the plea aforesaid doth not answr
nor the Same in any thing doth gainesay Therefore the said Love-
lace as before Prayeth Judgment and his debt aforesaid with his
Damages by the Occasion of the detaining of the debt aforesaid
to him to be adjudged
All wth being Read and heard and by the Justices here fully
undrstood & dilligently Examined Itt Seemeth to the Same Justices
here, that the Demurrer aforesaid of the aforesaid William Steevens
in manner aforesaid pleaded: is a good Demurrer, and that for the
Reasons and Causes therein contained the aforesaid Lovelace Gos
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| Volume 70, Page 264 View pdf image (33K) |
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