JANUARY, 1697/8 COURTS 319
that the Said Nicholas to his Decleration aforesaid may Answer etc. Whereupon
the Said Nicholas Sawell by William Bladen his Attorney Cometh and Defendeth
the force and Injury when etc. And for plea Saith that he did not Assume in
manner and forme as the plantiffe in his Decleration hath Set forth and thereof
he putts himselfe upon the Court.
William Bladen. And the plantiffe alsoe. William Stone.
The truth of the matter in Controversie between the parties aforesaid by the
Court here being Seen heard understood and Maturely Deliberated It is thereupon
Considered that the Said Hugh Ryley Recover against the Said Nicholas Sewall as
well the Sume of one thowsand Eight hundred and tenn pounds of tobaccoe
his Damages in the premises aforesaid As alsoe the Sume of pounds
of tobaccoe to the Said Hugh Ryley of his Assent for his Costs and Charges in
this behalfe Laid out and Expended etc. And by the Court here Adjudged etc.
And the Said Nicholas Sawell in mercy etc. [292] Then Came the Said
Nicholas Sewall by his Attorney Aforesaid And Appealed to the Provintiall
Court and for the due procecuteing of the Same Came into Court William Bladen
and Acknowledged this Recognizance following (Viz.)
William Bladen of St. Maryes County Acknowledged himselfe bound unto
Hugh Riley in the Sume of four thowsand pounds of tobaccoe to be Levyed on his
goods and Chatties Lands and Tenements to and for the use of the Said Hugh
Riley upon this Condition that if the above named Nicholas Sewell Shall at the
Provintiall Court now next Ensueing pursue the directions of an Act of Assembly
of this province Entituled an Act for Appeales and Regulateing writts of Errors
According to the Rules of the Provintiall Court and procecute his Appeale with
Effect and allsoe Sattisfie and pay to the Said Hugh Ryley his heires Executors
Administrators or Assignes in Case the Judgment now given against the Said
Nicholas Sewall Shall be Affirmed as well the Debt for Damages and Costs by the
Court here Awarded as aforesaid as allsoe all Costs and Charges that Shall be
awarded by the Provintiall Court for the Delaying of Execution that then this
Recognizance Shall be voyd and of none Effect otherwise to Stand and be in full
force and vertue etc.
Henry Jowles against Andrew Winklin
It was Commanded the Sheriffe that whereas there is due from Andrew
Winkling unto Henry Jowles two hundred and twenty lbs. of tobaccoe for
Clarks fees in Calvert County And for which Execution hath not yett Issued
forth against him for the Same hee make knowne to the Said Andrew Winkling
that he be and appeare before the Justices of Prince Georges County Court at
Charles Towne the fourth Tuesday in November 1697 to Shew Cause if etc. why
the Said Henry Jowles Execution for the Debt aforesaid Should not have etc.
and that he had then and there the Said writt etc. As by an Account may more
at Large Appeare etc. And now here at this day Came as well the Said Henry
Jowles and Offered himselfe against the Said Andrew Winkling of a plea Afore-
said And the Said Andrew being Called Likewise Came etc. And the Sheriffe
Returneth that he hath by good and Lawfull men etc. made knowne to the Said
Andrew Winkling of his being here to Shew Cause etc. The truth of the matter
in Controversie between the parties aforesaid by the Court here being Seen heard
understood and maturely deliberated it is Considered that the Said Henry Jowles
have Execution against the Said Andrew Winkling of the Debt aforesaid together
with one hundred twenty Six pounds of tobaccoe for his Costs and Charges in
this behalfe Laid out and Expended etc.
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