Volume 557, Page 543 View pdf image (33K) |
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543 (276) M.r James Wroth moveing and Arresting Judgment the 28.th day of August last in behalfe of his Wife Ann Wroth and now Appearing desires he may have Council assigned him to plead to such reasons as he shall offer M.r Griffith Jones one of the Attornies of this Court is accordingly appointed who produceth these following reasons that Judgment ought to be arrested Smon Wilmer Clk 1st Reason In the head of the Indictment its thus contained viz the Jur.rs for our soveraing Lord and Lady the King and Queene and the body of this County upon their Oathes doe present Ann Wroth Wife of James Wroth for that the said Ann &c.a by which wordes of the Indictm.t it may plainly appeare that the alias dictus which should have been therin incited or allsoe the quallity mistery or profession of the party or her husband Togeather with the peace of her residence are wholly omitted all which is against the common Curr.t of the Law and positively ag.t the star of the 1.st of the 5.th Cap y.e 5.th wherewith Enacted that upon Omission in Acconts personal Appearces or Indictm.ts such Acont personal Appearces or Indictments shall be voyd frusstrate and holden for now 2.d Reason In the Body of the Indictm.t its thus contained for that the said Ann to witt the 29.th day of June last past att the house of William Webb att Langfords Bay hundred within the Jurisdiction of this Court with several others Riotously assembled did then and there upon the Body of Eliz Steevens Wife of Thomas Steevens with stickes stones and doggs an Assault did make &c.a In every indictmt the Essential part thereof ought to containe Certainty and Veryty the contrary of which renders it vitious and utterly voyd that the said Indictm.t is uncertaine may appeare by these wordes with several others &c.a Neither Nominateing the person nor the Numb.r of them which ought to have been incerted Impossibilities ondly excepted as when persons in Armes or disguise appeare with intent to commit a Riot or the Number of such persons soe unlawfully assembled soe great as nor easily to be Knowne &c.a but not otherwise therfore not to be Tolerated or holden for Sufficient in the said Indictment for the persons in the said Indictment supposed to |
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Volume 557, Page 543 View pdf image (33K) |
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