Archives of Maryland, Volume 0730, Page 0064 - Kent County Court, Proceedings, 1700-1701

Kent County Court, Proceedings, 1700-1701

March Court 1701 [47]

Elias King	And y^e Said Elias by Richard Macklin his Att^ry comes and defends y^e
ad^s.	force & injury when &^a. and demurrs in law to y^e Plaint^f. Declⁿ &
Edward Bathurst	y^e matter in y^e Same Contained and for reason Saith

1^st. He doth not Say what writt was Sued a^t. y^e Said Thomas Burrowes w^ch. by y^e Law he ought

2^d He doth not Say to whom y^e Said Thomas Burrowes Should Answer if taken So that no
   cause of Action on y^e plaint^f. behalfe a^t. y^e Defend^t. is Sett forth in y^e Declⁿ. he hath
   not aver in his Declⁿ. that y^e plaint^f. upon y^e returne of writt offered him Selfe a^t
   y^e Said Thomas Burrowes                                               Macklin p^r Defend^t.

                                                   Demurer Joyned    Earle p^r q^r.
                                                                                     u
Which Demurrer being read & by y^e Court heard & arg^ed & y^e Court having duly
considered y^e Said Demurrer & the reasons therein Contained were Adjudged good & Suffitient
to barr y^e Said Plaint^fs. Action for this time from having Judg^t. a^t. y^e Said Defendant
and Judgem^t. for A Nonsuite was given by y^e Court for y^e Said Defend^t. a^t. y^e Plaint^f.

Therefore it is Considered by y^e Court here this day viz^t. that y^e Said Defend^t.
as to y^e Said Action goe thereof without Day And it is likewise Considered that y^e
Said Defend^t. Elias King doe recover from y^e Said Plaint^f. Edw^d. Bathurst as well
y^e Sume of fifty pounds of Tob^o. for A Nonsuite as Asoe y^e Sume of Two hundred
Twenty & Two pounds of Tob^o. cost of Suite According to Act of Assembly in that
case made & provided & y^e Said Edward Bathurst in Mercy
                                                                                           Jn^o Dowdall Clk

Comand was given to y^e Sher^f. of Kent County y^e 29. Day of Novem^r. Annoq
Domⁱ. 1700 That he take W^m Whitehead & Anna his wife if they Should be
found in his bailiwick and them Safe keep Soe that he have theire bodies before
his Maj^ties Justices at A Court held for our Said County y^e fourth Tuesday of Jan^[ry]
next to Answer unto Edward Bathurst of y^e Kindgom of England merchant of A p[lea]
of Trespass upon y^e Case
Which next Court being an Adjourned Court all p^rcepts were Cont^d. in y^e Corroner
Sher^f. and Constables Custodies untill y^e Eleventh day of Feb^ry following

Att which next Court viz^t. y^e Eleventh Day of Feb^ry Anno 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
                                                                                                Elias King Sher^f
On which Said Day came y^e Said Defend^ts. by Richard Macklin theire Att^ry and
prayes thereof to imparle untill y^e Next Court which was granted unto him y^e Same
day was granted y^e Plaint^f. likewise                 M Earle p^r q^r.

And now here at this Day viz^t. y^e 27. Day of March Annoq Domⁱ. 1701 came as
well y^e Said Plaint^f. by his Said Att^ry as alsoe y^e Said Defend^ts. by Richard Macklin
theire Att^ry and y^e Said Cause Standing for Tryall y^e Plaint^f. Declⁿ

Kent County Ss	W^m Whitehead and Anne his wife Stands Attached to Answer unto
in Maryland	Edward Bathurst of y^e Kingdom of England Merchant of A plea of
	Trespass upon y^e case &^a.

And Whereupon y^e Said Edward by Michael Earle his Att^ry complaineth & Saith that
whereas on y^e 30 day of Ap^ll. Annoq Domⁱ. 1699 in Ceecill County within y^e jurisdicti[on]
of

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Kent County Court, Proceedings, 1700-1701

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