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[112] Novemr. Court 1701 Joshua to comply wth. ye Said Thomas &a. and that ye Said Wm & Thomas Covington did upon ye request of ye Said Thomas agree that ye Said Joshua Should in Satisfaction of ye wront to have Tenn pound Sterg. money which with ye Said Wm & Thomas Covington did with ye Sd. Thomas his consent agree all which all which is rediculous Scandulous Stuff & Such rediculous nonsence upon which this Court cannot give Judgt. ~~~~~~~~~~~~~~~ 5 Reason The plaintf. Sath ye Defendt. was Sumoned in A plea of Debt to render eight pound thirteen Shillings which is nonsence & not gramer ye word eight being in ye plurall number & ye word pound in ye Singular ~~~~~~~~~~~~~~~ 6. Reason The Plaintf. in his Decln. hath Soe far played ye Critick that I cannot & wth. Submission to ye worshipps more decerning faculties beleive ye Court cannot Conceive upon what he grounds his Action if he intends it upon an agremt. that part of ye Decln. is a meer Chaous Such A lump of indegested Stuff that ye plaintf. Should have his Key to ye bottom of his decln. that he might have been understood & if it is upon ye Noat menconed in his Decln. he ought to have laid an Assumption in his Decln. be made by ye Defendt that if in case ye Said Giles Bond Should refuse or faile in ye payment of ye Said Sume of 8lb-13s that then he ye Said Defendt. would pay ye Same when required & avered in fact that on Such a day & yeare & place he did Tender ye Said noate to ye Said Giles Bond and required him to make payment of ye Said money in ye Said noate contained according to ye Tenr. thereof & that ye Said Giles Bond refused & did not pay ye Same ~~~~~~~~~~~~~~~ 7. Reason The Plaintf. in ye Demonstrative part of his Decln. declares in his proper person & in ye Conclusion he Signes it Joshua Sweatnam pr qr. pleadges &a. Jno Doe Rd Roe which is contrary to all extant presidents & to ye practice & knowne rules of plead at comon law ~~~ Macklin pr Defendt. Demr. Joyned Earle pr qr The which Decln. & demurer being read & argued & by ye Court heard & fully considered thereupon ye Reasons were Judged good & judgt. granted the Defendt. for A Non Suite Therefore it is Considered by ye Court here this day vizt. ye 28. day of Novemr. Ano 1701 That ye Said Defendt. Thomas Crafts as to ye Said Action goe thereof without day and it is further Considered that ye Said Defendt. doe recover from ye Said plaintf. as of Tobacco well ye Sume of fifty pounds ^ for A Non Suite according to Act of Assembly &a. as as alsoe ye Sume of Two hundred Thirty and four pounds of Tobo. cost of Suite and ye Said Plaintf. Joshua Sweatnam in Mercy ~~~ Jno Dowdall Clk ~~~~~~~~~~~~~~~ Comand was given to ye Sherf. of Kent County ye 26. day of Augt. Annoq Domi. 1701 that he Take Edward Steavenson if found in his bailiwick & him Safe keepe Soe that he have his body before his Majties Justices at ye next Court to be held for Said County to answer unto Thomas Cooke of A plea of Trespass upon ye Case Att which next Court vizt. ye 23 day of Sepr. Annoq Domi. 1701 ye day of ye returne of Said writt came Elias King high Sherf. of Said County & made returne thereof cepi corpus Elias King On which Said day ye Said Defendt. by Richard Macklin his Sherf Attry Appeares & prayes thereof to Imparle untill ye next Court which was granted unto him ye Same day was given ye Plaintf. likewise Sweatnam pr qr |
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Kent County Court, Proceedings, 1700-1701
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