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(221 Whereupon Venire facias Issued to the sheriffe to Impannell Twelve &c The sheriffe returns his Pannell viz.t Thomas Colden Edward Brooke Symon Willmer George Bussey John Chittham John Dossett John Broome Edward Isaac Thomas Claggett Michael Allen Richard Dawson Thomas Gant Who being sworne to trye the Cause according to Evidence The Plt for Evidence Produces Viz.t M.r George Lingan one of the Justices of the Court rises from the Bench & upon Oath sayth That M.r John Abington did Constitute Thomas Abington w.th your Depon.t Attorny for the said John and that yo.r Depon.t had power to call the said Thomas Abington to an Accompt for the Estate of the said John and that he did call the said Thomas to an Accompt for the Estate of the said John And further sayth not Upon the foregoing Evidence & upon full hearing & Examinacon of the p.rmisses the Jury goe out to Consider and after halfe an houres Consideracon Returne & bring in their Verdict in these words Viz.t Wee find for the Plt Two hundred and Fifty pounds of Tobacco att five farthings p pounds Then Came the said John Abington by Charles Boteler his Attorny & moved in arrest of Judgem.t & craved time till the Third Tuesday in September to shew his Reasons for arresting the said Judgem.t w.ch was granted unto him and the same day was given to the said Thomas Trueman Att which sayd day came the Said Thomas Trueman in his prop person and the said John Abington by George Parker his Attorney and the said John Abington profered the Reasons for arresting the Judgem.t aforesaid w.ch were accepted of by the Court And the said Thomas Trueman craved time till the Third Tuesday in November to Reply to the said Reasons w.ch was granted unto him and the same day was given to the said John Abington att w.ch said day of November came as well the said Thomas Trueman in his proper persons as the said John Abington by George Parker his Attorny and the said Thomas Trueman Craved an Imparlance till the Third Tuesday in January w.ch was granted unto him & the same day was given to the said John Abington and att the aforesaid day of January came the aforesaid Thomas Trueman in his proper person & the said John Abington by George Parker his Attorny and the said George Parker on behalfe of the said John craved an Imparlance till the third Tuesday in March w.ch was granted unto him and the same day was given to the said Thomas Trueman And att w.ch said day of March came as well the said Thomas Trueman in his proper person as the said John Abington by George Parker his Attorny and then were read & heard the Reasons & Answere following Memorand That this p.rsent one & Twentyeth day of September One thousand Six hundred & Eighty Came John Abington by George Parker his Attorny & Exhibited to the Court here his Reasons for arresting the Judgem.t upon a Certaine Verdict given ag.t him att the suite of Thomas Trueman att a Court holden att Calvert towne the Eighteenth day of August half past as followeth: First Hee sayth the Judgem.t upon the Verdict aforesaid ought not to be Entred for the uncertainety of the Declaracon in this that the said Thomas Abington is not therein named servant Apprentice or Factor of the said Defend.t but Attorny onely Whereas it is manifest that Noe person as an Attorny only hath any power to buy sell trade barter or Merchandize The power of Attornys being to Receive debts or to doe some Act in law As to Comence suite appeare in Court plead |
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Provincial Court Land Records, 1676-1700
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