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[83] Novemr. Court 1701 Sparkes the Afsd. Sume of 260lb. Tobo. yet notwithstanding the Said Wm ye Said Sume of 260lb Tobo. according to ye Tenr. of ye Same bill or writing altho often demanded unto ye Said Flower Walker hath not paid but ye Same to pay hath denyed & Still doth deny and refuse to ye Damage of ye Said Flower Walker five hundred & Twenty pounds of Tobo and and thereupon he brings this Suite ~ ~ ~ ~ Macklin pr qr. Pleadges &a. Jno Doe Rd. Roe And ye Said Defendt. by Michael Earle his Attry Saith that he hath paid & Satisfied unto ye Said Plaintf. ye Sume of Tobo in ye Plaintf. Decln menconed & required and therefore ye plaintf. his Action ast. ye Said Defendt. ought not to have & mentaine all which he is ready to averr and of this he putts himselfe upon ye Country ~ ~ Earle pr Defendt. And ye Plaintf. in like manner ~ ~ Macklin pr qr Comand was Therefore given to ye Sherf. of Kent County that he cause to come here Twelve &a. by whome &a. who as well &a. who neither &a. to recognize &a. who made answer he had there ready Twelve &a. as by his precept he was comanded vizt. John Hamer foreman Thomas Hyndes Thomas Puney Thomas Gwin Thomas Godwin Nicholas Massey Samll. Wallis William Robinson John Tylliard Charles Wright Peter Peterson & Edwin Godwin which jury being duly Tryed & Sworne and having heard all ye pleadings Evidences & Allegacons on both Sides ye Court giveth them theire charge who withdraw to consider on ye prmises and After Some Short time doe againe returne and being called over as alsoe ye Said Defendt. and demanded whither they found for ye plaintf. or Defendt. doe Say wee ye jury doe find for ye Defendt. & by John Hamer theire forman all of them Soe Say ~ ~ and judgt. was by ye Court granted upon ye verdict Therefore it is considered by ye Court here vizt. this 27 day of Novemr. Annoq Domi. 1701 That ye Said Defendt. William Sparkes Junr. as to ye Said Action goe thereof without day And it is further considered that ye Said Defendt. Wm Sparks Junr. doe recover from ye Said Plaintf. Flower Walker as well ye Sume of fifty pounds of Tobo for a Non Suite According to act of Assembly &a. as alsoe ye Sume of Seaven hundred Thirty & Six pounds of Tobo. cost of Suite & ye Said Flower in mercy Jno Dowdall Clk ~~~~~~~~~~~~~~~ The Court Adjournes Till Seaven A Clock to morrow morning Novemr. ye 28. 1701 The Court againe Mett according to Adjournemt. from yesterday
Joshua Sweatnam being an Attry Admitted & Sworne belonging to this Court & he not Attending as he ought to doe is dismissed from practising as an Attry in this Court hereafter ~~~~~~~~~~~~~~~ Francis Hill Son to Giles Hill bound by ye Court to his Uncle Giles Bond untill he come to ye age of Twenty one yeares being Seaventeen yeares of age ye Twenty Sixth day of March next ~ ~ ~ ~ ~ Jno Dowdall Clk ~~~~~~~~~~~~~~~ Ordered That a warrant Issue to ye Constable of Island Hundred to apprehend ye body of Jean A Servant woman belonging to Capt. John Whittington and She being Soe apprehended to bring here to ye next Court to be held for this County ~ ~ Jno Dowdall Clk ~~~~~~~~~~~~~~~ Ordered That there be A Road Cleared from ye Reverend Mr. Stephen Boardleys path or thereabouts to ye old goeing over at David Davidsons branch & from thence to Mr. Willmer Miller |
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Kent County Court, Proceedings, 1700-1701
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