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(151) 160 such time as it shall bee manifest that hee shall have overserved the said Rigby as this Court in theire discression shall thence fitt 1.st First the Judgment is manifestly Eronious in this that the said Judgment w.ch saith that the said Bourne Came into the Country without an Indenture is apparently false For that the said Phillips mentions in his Oath that there was an Indenture & a dispute about an Indenture 2.d Secondly it is apparent by the Indenture it selfe produced to the County Court & ready to bee produced to the Court here that there is nothing scratched out nor the word (three) as by Deposicon is said written above it and soe the said Deposicon untrue & the Judgment grounded upon that oath made without proofe 3.d Thirdly that the said William Bourne was not legally summoned to appeare at the said County Court nor permitted to make his Just defence by his Attorney but Judgment illegally passed against him undefended 4.th Fourthly the cause if prop to bee tryed in the said Court ought to have been tryed by a Jury at issue Indenture or noe Indenture Fifthly the Court of Ann Arrundell County Court have noe authority to hold plea of any such accon about the Vallidity of the Indenture aforesaid (and soe the cause was (Coram non Indise And therefore hee prayes the Judgment of the County Court aforesaid may bee reversed & had for nothing And that hee the said William Bourne to all things by him sustained by reason of the Judgment aforesaid may bee restored The answere of James Rigby to the reasons Exhibitted by William Bourne why hee did appeale From the Judgment of the County Court of Ann Arrund.ll County 1.st That the Judgment wch saith that the said Bourne came into the Country without an Indenture is good for that an Obliteratee Indenture an Interlined false fraudulent Writeing called an Indenture is noe Indenture in Lawe but is voyd and A Nullity 2.d Itt is apparent by the testimony of Sam.ll Phillipps that the word in the right Line w.ch is & was supposed to bee (foure) was Razed out and the word three interlined and now the word three w.ch was interlined is scratched out from betweene the Lines and put into the right line where the first word was scratched out and soe it is plainely evident that the pretended Indenture had beene twice Razed and Defaced therefore voyd w.ch James Rigby is ready to make more plainely appeare by further evidence 3.d That William Bourne had two Attorneys viz M.r Parker and M.r Hauslap therefore that allegacon falce 4 The Cause was proper to bee tryed in the County Court and not prop to bee tryed by a Jury the Comissioners being authorized thereunto by Act of Assembly 5 The Comissioners as is aforesaid have sufficient authority by Act of Assembly to Judge of servants times and the Vallidity of theire Indentures as by the Act in that case made more at large appeareth The premisses considered James Rigby prayes that the Court will Consider of the meritt of the whole matter and that Bourne and his wife may bee ordered to serve the full time of Foure yeares and that they may make good the time they have absented from theire or either of theire service according to the rates allowed by the Lawe in such cases viz Tenn dayes for one And may also by service make good the said James his costs & charges that by the unjust complaint William Bourne hee hath sustained That James Rigby was never sumoned or had any legall notice to make his Defence this Court and can make every particular most plainely appeare if hee may have time till next Court Which Record processe reasons and answere to the reasons aforesaid being seen read and heard and by the Justices here fully understood and dilligently examined and for that it appeareth to the same Justices that in the Record and proces aforesaid as also in the rendring the Judgment aforesaid itt is manifestly Eronious Therefore itt is considered by the Court here this day to witt the sixteenth day of February in the Fifth yeare of the Dominion of the Right hono.ble Charles Lord Baltemore &c Annoq Domini One thousand six hundred seaventy nineth at the Judgment of the County Court of Ann Arrund.ll (County |
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Provincial Court Land Records, 1676-1700
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