Archives of Maryland, Volume 0730, Page 0060 - Kent County Court, Proceedings, 1700-1701

Kent County Court, Proceedings, 1700-1701

                     March    Court    1701                                                                             45
Comand was given to y^e Sher^f. of Kent County y^e 29. Day of Novem^r. Annoq Domⁱ. 1700
That he Take Thomas Prestige alius Dictus Thomas Prestige of Talbott County in the
Province of Maryland Planter if found in his bailiwick and him Safe keepe Soe that
he have his bodie before our Justices at A Court to be held for our Said County y^e
fourth Tuesday of Jan^ry Next to Answer unto Walter Smith of A plea of Debt
Which next Court viz^t. y^e 28 Day of Jan^ry Anno Domⁱ 1700 being an Adjourned
Court all p^rcepts were Cont^d. untill y^e Eleventh Day of Feb^ry following in y^e
Sher^f. Custody

Att which next Court viz^t. y^e Eleventh Day of Feb^ry Annoq Domⁱ. 1700 y^e
Day of y^e returne of Said writt According to Adjournem^t. came Elias King high
Sher^f. of Said County and made returne thereof in these words viz^t. Cepi Corpus
                                                                                      p^r    Elias King Sher^f.
But y^e Said Plaint^f. Walter Smith by R^d. Macklin
his Att^ry moves y^e Court y^t. y^e S^d. Defend^t. Thomas Prestige may put un Esp^ll.
baile to Said Action and Comitted into y^e Sher^f. Custody untill he find Esp^ll. baile
which was granted unto him            Ordered Therefore that y^e Sher^f. of Kent
County doe take into his Custody y^e Said Defend^t. Thomas Prestige & there to remaine
untill he find Esp^ll. baile to y^e Action now depending between him & Walter Smith
who was Comitted Accordingly                                                    Jn^o Dowdall Clk

Att which Said Day y^e Said Defend^t. Thomas Prestige together w^th. John Hawkins Sen^r. his
Security comes into Court & y^e Said Maj^r. Jn^o Hawkins doth Acknowledge y^t. y^e Said Def^t
Thomas Prestige Shall pay Condemnacon if Cast or else he will doe it for him
On which Said Day y^e Said Defend^t. Thomas Prestige in his proper person Appeares and
prayes thereof to Imparle untill y^e Next Court which was granted unto him y^e Same
day was given y^e Plaint^f. likewise         Macklin p^r q^r.

And now here at this Day viz^t. y^e 27 Day of March Anno Domⁱ> 1701 came as well y^e Said
Plaint^f. by his Said Att^ry as y^e Said Defend^t. by Michael Earle his Att^ry and y^e Said
cause Standing for Tryall y^e Plaint^f. Declⁿ

Kent Ss	Thomas Prestige alius Dictus Thomas Prestige of Talbott County in y^e Province
	of Maryland planter was Sumoned to Answer unto Walter Smith of A plea
	that he render him y^e full & just Sume of one Thousand pounds of good Sound
	merchantable leafe Tob^o. in Casque w^ch. to him he oweth & from him he unjustly
	detaineth

And whereupon y^e Said Walter by Richard Macklin his Attorney Saith y^t. whereas y^e Said
Thomas on y^e 17^th. Day of Novem^r. Anno Domⁱ. 1699 by his Certaine bill or writeing
ob^ry (at Talbott County within y^e Jurisdiction of this Court) Sealed w^th. his Seale as his act
& deed delivered and here in Court brought whose date is y^e day & yeare Afs^d. did bind him
:selfe his heires Ex^rs. and Ad^rs. to pay or cause to be well and truly paid unto y^e Said Walter
Smith y^e Said Sume of one Thousand pounds of Tob^o. quallified as Afs^d. convenient in
Chester River at or upon y^e Tenth day of Novem^r. next Ensui[ng y]^e date of y^e Same bill
yet notwithstanding y^e Said Thomas y^e Said Sume of one thousand pounds of Tob^o. Accord
:ing to y^e Ten^r. of y^e Same bill unto y^e Said Walter he hath not paid although often demanded
but y^e Same to pay he hath denyed and refused and Still doth deny and refuse & unjustly
detaine to y^e damage of y^e Said Walter Smith Two thousand pounds of Like Tob^o. and
thereupon he brings this Suite Macklin p^r q^r.

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Kent County Court, Proceedings, 1700-1701

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