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Provincial Court Land Records, 1676-1700
Volume 717, Page 231   View pdf image
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                                                                                                                         231 (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
Volume 717, Page 231   View pdf image
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