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Proceedings of the Provincial Court, 1681-1683
Volume 70, Page 264   View pdf image (33K)
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                 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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Proceedings of the Provincial Court, 1681-1683
Volume 70, Page 264   View pdf image (33K)
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