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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 524   View pdf image (33K)
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524 MARYLAND COURT OF APPEALS

Court of Appeals and Errors to his Majesty in Council wch was granted on
giving good Security Afterwds on the fourth day of June Your Petitioners
Said attorney brought into the Said Court a Bond Entered into by your Peti-
tioner Together with Thomas Cockey Robert Gordon William Rogers James
Govan Patrick Sympson of Annarundell County Gent and John Cockey of
Baltemore County Gent his Securitys in the Penal Sum of three Thousand
Pounds Sterling payable to the Sa Bordley On Condition to Prosecute with
Effect an Appeale Entered to be Brought before his Majesty and Council
from the last Judgment Obtained as afd and to pay and Satisfye unto the Said
Bordley fourteen hundred and forty Pounds Sterling and Nine hundred and
thirty five Pounds of Tobacco debt and Cost recovered by Said Bordley
Against your Petitioner in the Provincial Court together with the Cost that
had been Adjudged in the Said High Court of Appeals and Errors and Shall
be Awarded by his Majesty in Council to be paid to Said Bordley by your
Petitioner in Case the Said Judgment of the Court of Appeals Should be
Affirmed which Said Security was Approved of by the Court of Appeals and
the Appeale on the Said fourth day of June was thereupon granted That on
the Allowance of the afd Appeale Altho the Said Thomas Bordley was present
in Court and Ninian Mariarte Son to Daniel Mariarte Gent, high Sherriff
of Annarundell County One of the Under Sherriffs of the Said County and
the Clerk of the Provl Court were all present On granting thereof Your Peti-
tioner to prevent his being taken in Execution or his Effects Seized by Virtue
of the afd Judgments Served the Sd Bordley the Under Sherriff afd and the Sd
Clerk of the Provl Court Severally with an attested Copy Under the hand of
the Clerk of the Court of Appeals of a Minute of the allowance of the afd Ap-
peale as by an attested Copy of the Said Minute of Allowance and Affidavit
of the Service thereof herewith produced Appears. That Notwithstanding
Whereof on the Sixth day of June last your Petitioner by Virtue of a Writt
of Capias ad Satisfaciendum most unduely and Improvidently taken out of
the Provl Court On the Judgment recovered by the Said Bordley Against
your Petitioner by Daniel Mariarte Gent High Sherriff of the County afd in
Contempt of the Appeale and Supersedeas afd and Notice to him and them
given hath been falsly taken in Execution and Imprisoned and Still keept in
Close prison in the Goale of the City of Annapolis Contrary to the Right of
all his Majestys Subjects and the Laws of Great Brittain and this province
That on rendering Judgment Agt your Petitioner in the Provl Court Daniel
Dulany and Edmond Jennings Gent Your Petitioners Attorneys did appear
and Prayed an Appeale from that Judgment to your Excellency and Hon-
ours in the Court of Appeals in Which Court they were practitioners and
attended thereon and proceeded So farr in the Cause that they ordered a
Transcript of the Judgment to be made out and Charged their fees to your
Petitioner That Nevertheless On the Tryall of your Petitioners Cause in
the Said Court the Said Attorneys declined to be any further Concerned


 

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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 524   View pdf image (33K)
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