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(228) 238 and a peece of Bacon and further yo.r Depon.t sayth not Upon the foregoing Evidences the Jury goe out to Consider and after halfe an hores Consideracon Returne and being in their Verdict in these words (viz.t) Wee find for the Defend.t Noe cause of Informacon Whereupon it is Considered by the Court here that the said John Abington pay unto the said William Kidd the reasonable Costs expended in Defending the said Informacon Then the said John Abington by George Parker his Attorny appealed to the Provincial Court and for the due prosecution of the same produced M.r Francis Hutchins who in open Court acknowledged himselfe bound to the said William Kidd in the sume of Three thousand pounds of Tobacco for prosecuteing the said Appeale with Effect Vera Copia p Chr Kellett Dep.t Clke On which said Eleaventh day of May in the fifth yeare of the Dominion of the Right honoble Charles Lord Baltemore aforesaid Came the said John by his Attorny aforesaid and according to the Act of Assembly in that Case made and Provided Entituled an Act for appeale and regulateing Writts of Erro.r offereth to the Court here for Cause and reason of his the said Johns appealeing from the Judgem.t of the Court of Calvert County aforesaid for that the Record and proceedings before writed are manifest Erronious in this 1 In the Record there does not appeare any writt or sumons to Comand the said William Kidd to appeare and answere the p.rmisses the want of which appearing upon Record is Erro.r 2 The Court by their Comission had noe power to hold plea of any Informacon upon any penall Statute wherefore all the proceedings in the said Cause was Coram non Judice 3 The Judgem.t of the Court is Erronious in giveing Judgem.t for Costs against the Informant Abington whoe brought and Exhibited the Informacon on the behalfe of the Lord Prop.ry and though the Jury acquitted the Defend.t Yett the Informant prosecuting on the behalfe of his Lopp ought not to be Condemned in any Costs according to the statute Twenty fourth Henry the Eighth Chapter the Eighth w.ch positively sayed that noe Costs be awarded the Defend.t when any Accon is sued to the Kings use all which is undeniable Erro.rs And the said John is ready to averr the same And prayeth the said Judgem.t for the Reasons aforesaid and others in the Record being many be reversed annulled and made voide And that hee unto all which by occasion of the Judgement aforesaid Given hath lost may be restored Ridgely C Appellant John Abington Appealo.r And the aforesaid William Kidd by Charles Boteler his Attorney sayth that in the William Kidd Defend.t Replicacon Proceedings aforesaid neither in the Record Thereof there is noe Erro.r Neither that in the Reasons aforesaid is Conteined sufficient matter to stay the Judgem.t of the County Court aforesaid And of this he Prayeth to the Judgement of this Court And therefore prayed a Procedendo from this Court to the Comission.r of the said Calvert County Court to assume and Ratifie the aforesaid Judgem.t And that the said Defendant may be fully restored to all that he hath lost by the Occasion of the p.rmisses C Boteler C def.t Now here att this day to witt the Sixth day of March in the seaventh yeare of the Dominion of the Right honoble Charles &c Annoq.r Dom One thousand Six hundred Eight and One Came the said partys by their Attornys aforesaid And thereupon the Record and Process aforesaid to the Rendring of Judgem.t thereupon and the aforesaid Causes and matters by the aforesaid Plaintiff (for |
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Provincial Court Land Records, 1676-1700
| Volume 717, Page 238 View pdf image |
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