Volume 70, Page 387 View pdf image (33K) |
Provincial Court Proceedings, 1683. 387 Thomas Carvile in all nine dayes at 30li tobacco p day to be paid out Liber W. C. of the said Carviles estate after the above Judgment is satisfyed Ordered that the three men that were prest by the sheriffe of st Maries County by order of his Lopp the Lord Propry be and are hereby allowed the sume of ffifteene pounds of tobacco p day (for secureing the estate of the said Thomas Carvile) to be paid out of the said estate after the aforesaid Judgment be satisfyed, And that all the witnesses that were sumoned by his Lopp to testify agt the said Thomas Carvile and by the said Thomas Carvile, be satis fved yed out the sd state but that the aforegoing judgment be first Satis fyed William Colebourne John Kirke late of Calvert County Marchant p. 713 agt was attached to answere unto William Cole John Kirke bourne in a plea of trespasse of the case And whereupon the said William Cole bourne by Anthony Underwood his Attorney Complaineth that Whereas the said John Kirke the first day of March 1680 at Petux ent River in Calvert County aforesaid was indebted unto the said William Colebourne for Sloop hyre the sume of fifteene hundred pounds of tobacco, the said John Kirke did then and there Assume upon himself and to the said William Colebourne faithfully promise that he the said John him the said William the said sume of ffif teene hundred pounds of tobacco when thereunto required would well and truly content and pay, Yett nevertheless the said John Kirke his promise and assumption aforesaid to the said William soe as aforesaid made not regarding but deviseing and fraudulently intending him the sd William in this behalfe craftily and Subtilly to deceive and defraud the said sume of fifteene hundred pounds of tobacco the said John to him the said William hath not payd according to his promise aforesaid although the said John by him the said William to doe the same hath been often thereunto required (to wit) the seaven and twentyeth day of March at Petuxent afore said in the yeare aforesaid, but the same to pay hath denyed & still doth deny to the dammage of the said William three thousand pounds of tobacco and thereupon he bringeth his suite And the said John Kirke by Robert Carvile his Attorney cometh and defendeth the force & injury when &c. and prayeth liberty to Imparle hereunto untill the next Provinciall Court and it is granted unto him And the same day is given to the plt likewise Now here at this day to wit the second day of July in the Eighth yeare of the Dominion of the Right honoble Charles Lord Baltemore &c. Annocp Doni. 1683 Came the said ptyes by their Attorneys aforesaid And the said John Kirke by his said Attorney sayth that he did not Assume upon himself and to the said William make such |
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Volume 70, Page 387 View pdf image (33K) |
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