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143 (134 The date hereof as Witnesse my hand and seale this five and twentieth day of October Annoq Domini One thousand six hundred seaventy seaven Sealed signed and delivered in the p.rsence of Richard Hart (sealed John Haskins & John Noe This one and thirtieth of August One thousand six hundred seaventy Eight Came before me John Hoskins and Tooke his Oath that hee saw the w.thin Written bill signed sealed and delivered unto John Shankes by the w.thin mentioned Richard Hart John Coode Therefore command is given to the sheriffe of Saint Maryes County that hee Cause to come here Twelve good men of his Baliwicke to trye the Issue Joyned Betweene John Shankes plt and Richard Walker Defendant William Goddard sworne and examined sayth that Richard Walker did Lend Richard Hart a Boate to goe into Virgini.a &c Nehemiah Blackiston swore that hee had Warned Richard Walker not to Lend the said Hart a Boate and told him what dammage would come upon him if hee did &c Now here att this day (to witt) the fourth day of September in the third yeare of the dominion of Charles &c Came as well the said John Shankes by Thomas Lomax his Attorney as the said Richard Walker by Abraham Coombe his Attorney and the Jurors of that Jury Likewise came to witt) Gilbert Turbervile W.m Rosewell Justinian Gerrard Robert Cole Randolph Henson Thomas Dewberry Thomas Carvile John Heard Morgan Jones Thomas Bennet John Addison & Richard Burke Who to say the truth in the p.rmisses being Elected tryed and sworne upon theire Oathes doe say That they finde that Richard Walker did Lend Richard Hart a boate Whereupon it is the Judgm.t of the Court here that the said Richard Walker is guilty in breaking the Act of Assembly in Conveying away Richard Hart out of this province Therefore it is considered by the Court here that the said John Dawkes Recover against the said Richard Walker as well the sume of Eight hundred twenty eight pounds of Tobacco debt aforesaid as also the sume of Twelve hundred sixty nine pounds of Tobacco for his Costs and Charges about this suite expended And further more itt is the Judgm.t of the Court of the said Richard Walker Can procure or bring over Richard Hart into this province by the Last of October next (till w.ch time stay of Execucon is granted) then this Judgment to bee voyd or Else Execucon Vera Copia John Manley Clke And hereupon ^came^ as well the said Richard Walker by Christopher Rousby his Attorney as the said John Shankes by Keneline Cheseldyne his Attorney And the said Richard Walker sayth that in the Record and proces of or as in the Rendring of Judgment aforesaid itt is manifestly Erred in this First The proces and proceedings in the said Cause are Erronious and Vitious in this that the declaration exhibitted by the said plant.r doth manifestly and materially vary and differ from the writt or Capias by wch the said Defendant Richard Walker was Arrested for in the same writt or Capias Itt is sayd to answere unto John Shankes in a plea that hee render unto him the sume of Eight hundred twenty eight pounds of Tobacco wch to him hee oweth and unjustly detaineth and in the declaration itt is said to answere unto John Shankes in a plea that hee render unto him Eight hundred twenty eight pounds of Tobacco w.ch Richard Hart Late of this County to him oweth and unjustly deteyneth secondly The proceedings are Erronious in this that itt is not averred in the Declaracon That the said Richard Walker did Transport the said Richard Hart Not haveing a Legall passe from the Governo.r Chancello.r or Secretary according to the said Act Thirdly |
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Provincial Court Land Records, 1676-1700
| Volume 717, Page 143 View pdf image |
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