6.thly
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The sci fa is bad because that there is not an Attorney
to the
Writt to Warrant the same for all Writts ought to have Att.rny
p qr et pledgis dpfqr
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7.thly
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The Writt is Notoriously ^bad^ by reason that it
is signed & warranted by
Symon Wilmer who is both Clerk & plen.t which in the Eye
of the
Law is Exrortion but the Clerk for his Fees he must have his
writt signed by the Cheif Justice of the same Court from whence
these Fees Grow for it is a Maxime in Law that no person cann be
both Agent and Patient at one and the same time unlesse of Double
capacity therfore a Man cannot present himselfe to a benefice or
make himselfe an Officer nor be both Judg and party to be Judged Nor
being sheerif summons or Warne him selfe cune Multis Alys
sheapared Marrow of the Law fol 123
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8.thly
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The Writt is bad in the returne for it is directed
to the sheerif
of Kent County and returned by a p.rson who was not sheerif but
under sheerif soe it is if a Writt be directed to the Marl and ald.rmen
of any Towne and upon the day of the Reterne the Marl
be Absent then the Deputy Alderman cannot make reterne of
that Writt nor Execute any command therin specified but it must
abate therfore since this Writt is not fully persued in Evry
perticuler then bad and Erronious of Necessity it must abate
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9.thly
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The Writt is faulty because the Wife is not Named
in the said Writt as
well as the husband As admit the Wife commit Trespasse the quare Clausu
fregit must be ag.t husband and Wife and the Judgment must be
against
husband and Wife and soe of Necessity must be the Execucon soe that
the Wife in no case cann be concerned in Law dureing her Coverture without
her husband Except in some principal cases as where she is Exec.trx
&c.a Now the cause of these fees meerly proceeded through
default of
the Wife and since they came by her there is no recovery of them of the
husband without Joyneing husband and Wife Together Sheapards
Marrow of the Law folio 100
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10.thly
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The sheerif hath not made Returne answerable to a
Writt of sci fa for
he ought if it had been a good Writt to have Returnd it Thus viz To the
Justices of Kent County Court &c.a by vertue of the within
Writt to me directed
I humbly Certifie to the said Justices &c.a that I have made
Knowne to the
said W.m North that he be and appeare att the place and On the
day in the sd
writt specified to answer &c.a before Two good & lawfull
men of my Baliwick
&c.a Daniel Norris sheerif
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