| Volume 557, Page 545 View pdf image (33K) |
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545 (277) 4.th Reas No person cann be Indicted for a Riott unlesse such persons so unlawfully Assembled being by a Justice of peace Warned to depart doe nothwithstanding abide and remain in the place to the disturbance of the peace by the space of one hour as may appeare by the stat primo Maria Cap 12.th and several others for that no persons were publickly mett with them and same intent nor warned by any Magistrate or other officer to depart nor any Outrage affray or Assault tending to the disturbance of the peace by any person or persons committed save endly the the private difference betweene the said Ann Wroth and the said Eliz Sttevens noe presentm.t for a Riott cann lie for which reasons Judgm.t ought to be arrested as aforesaid 5 Rea It doth appeare by the statute of the 19.th of It 7.th Capt 13.th that the sheerif upon p.rsentm.t of a Riott shall returne 24 Jurors dwelling in the vicinage where the Riott was committed in Issue of Lands to the value of 2018 p Annum upon every Juror Now for that it doth not appeare that there hath been such returne or that the Jury were quallified soe well as the Lawes of this Province directs Judgm.t for the said Reasons ought to be Arrested Which Reasons being Read and the first being by the Court duely considered the said Reasons are sufficient in Law to quash the said Indictment and verdict Therefore it is considered by this Court that said Indictment and verdict for the Reasons aforesaid be quashed and from hence forth be held for None Simon Wilmer Clk M.r Matthew Eareckson moves this Court that the said Ann Wroth may be bound to her good behavior and Appearance att next Court ordered that the said Ann Wroth find security according to the said Motion Simon Wilmer Clk |
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| Volume 557, Page 545 View pdf image (33K) |
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