| Volume 70, Page 407 View pdf image (33K) |
Provincial Court Proceedings, 1683. 407
he sayth that the award above in the Replication mentioned and the Liber W. C.
matter therein contained is Sufficient Legally to charge the said
Michael Miller with the performance thereof, And as before further
sayth That the said Award above mentioned was drawne up before
the said One and thirtyeth Day of May in the Condicon above
mentioned Indented under the hands and Seales of the Arbitrators
above mentioned (Viz) Upon the Eleaventh day of the same Month
And further that the same award Indented under the hands and
Seales of the sd Arbitrators was ready att the request of the said
deft to be delivered to him ye sd deft before the One and thirtyeth
day of May aforesaid in the Condition above mentioned And this
he is ready to verify and prayeth the same may be Enquired of by
the Country, And the said Michael Miller as above in his Rejoyndr
Sayth, And of this he puts himself upon the Country likewise
Itt is therefore comanded the Sheriffe of St Maries County that p. 727
he Cause to come here twelve &c. by whorne &c and who neither
&c to recognize &c, because aswell &c.
On wch said fourth day of July in the yeare aforesaid Came the
said partyes by their Attorneys aforesaid And the Jurors Impan
nelled being called likewise came (to wit) Philip Lynes, Richard
Keene, John Hungerford, Richard Royston, John Power, Samuel
Dobson John Wilkenson, Thomas Stonestreet, James Phillips,
Stephen Murty, Dennis Hurley & Hugh Hopewell, Who being
elected tryed and sworne to say the truth in the prmisses Upon
their Oathes doe say. That the award above in the plts Replication
sett forth and the matter therein contained is not Sufficient Legally
to charge the sd Michael with the performance thereof, ffor that
the said Award was not drawne up by the said Arbitrators by the
said One and thirtyeth day of May in the Condition aforesaid
specifyed Indented under their hands and seales, Nor was the same
in such time delivered unto the said Michael according to the tenor
of the said Condition although hee the said Michael required the
same, Therefore Itt is considered by the Court here that the said
James Ringold take nothing by his writt aforesaid but be in mercy
for his false clayme therein And that the said Michael Miller goe
thereof without Day And that the said Michael Miller Recover
against the said James Ringold the sume of Two thousand Eight
hundred twenty three pounds of tobacco for his Costs & charges
by him about his defence in this behalfe Layd out and expended,
And the sd Michael Miller May have thereof Execution &ca
James Ringold Comand was given to the sheriffe of Kent County
agt that he should take Allen smith late of Kent County
Allen Smith Marchant, If he should be found in his baliwick,
and him safe keepe soe that he should have his
body here the seaven and twentyeth day of March in the Eighth
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| Volume 70, Page 407 View pdf image (33K) |
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