Archives of Maryland, Volume 0740, Page 0245 - Kent County Court, Proceedings, 1701-1705

Kent County Court, Proceedings, 1701-1705

7ber - ~~August~~ Court 1703

John ffanning	\| her majesties Writt of Scire facias havein Issued
ag^t	\| ag^t y^e S^d Natt^l: Cleave in these words following vz^t
Natt^ll: Cleave	\|

      Anne &c^a To y^e Sher^f of Kent Greeting whereas att a Court held for our S^d
      Countÿ att y^e Court house on Chester River y^e 27^th Daÿ of november w^ch
      was in the year of our Lo^rd 1701 John ffanning obtained a nonsuit ag^t
      Natthaniel Cleave & Hañah his wife of Kent Countÿ as well y^e Sum^e of
      fiftÿ pounds of tob^o for the nonsuit afs^d according to act of assemblÿ
      as y^e Sum^e of Six hundred and nineteen pds of tob^o Cost of Suit & fo^r that
      Satisfaction thereof Still remaines to be made wee Comãnd y^w, y^t bÿ good
      & Lawfull men of yo^r Bailewick y^w: make knowne unto y^e S^d Nath^ll:
      Cleave & wife y^t theÿ be & appear before y^e Justices of our S^d Countÿ
      Court to be held att y^e Court house on Chester River on y^e fourth
      Tuesdaÿ in &c^a to Shew Cause if anÿ he have whÿ —
      Execution Should not Issue ag^t him for y^e D^t & Cost afs^d
      &c^a — and y^e Sher^f made retⁿ hereof in these words
        made knowne before Will^m: Sparks & William Hollinswort^h
      good & Lawfull men of mÿ Bailwick: as this writt Exactlÿ [?]
      requireth    p^r me            —— Joⁿ Hawkins Sher^f

Emanuel Cleave	\| This being an accõn of Trespass upon y^e Case brought
ag^t	\| bÿ y^e pltf ag^t y^e S^d Def^t The S^d Def^t Comes & appears
William Burris	\| to S^d Accon in his proper p^rson, an Saÿeth that y^e pltf hath
	noe Cause of accⁿ ag^t him y^e S^d Def^t, ~~[illegible]~~ for w^ch: reason
	he praÿs Judg^t Judm^t according to act of assembly in Such
- - -	— Cases made & provided ~

      Which bÿ the Cour heard & understood, as allsoe Examined on both Sides ~
      It is bÿ them Considered that y^e S^d Emanuel Cleave pltf be in mercÿ for his
      falce Clomour, and as to y^e Writt That y^e S^d W^m: Burris Def^t Goe thereof
      without Daÿ It is likewise Considered by the S^dCourt here |to witt) this 24^th [?]
      Daÿ of Aug^t Anno Dni 1703 That y^e Said Def^t Doe recover ag^t y^e S^d
      pltf as well y^e Sum^e of fiftÿ pounds of tob^o fo^r a non Suit as y^e Sum^e of
      tob^o accrewing for Cost of S^d Suit                                     GLumleÿ Clk

William Decker	\| This being an accõn of Trespass upon and y^e S^d pltf
ag^t	\| being Called to Signifie his Cause of accon ~~he y^e~~ upon
Michael Earle	\| the S^d Def^t appearance, The S^d pltf Denÿeth y^t
	he never gave anÿ power to ~~y^e S~~ Issue out y^e writt and
	his power being produced in Court, u[on w^ch y^e S^d Def^t
	praÿeth a non Suit according to Law, which being bÿ y^e
- - —	— Court fullÿ understood, It is bÿ them Considered here

      This Daÿ viz^t y^e 24^th Daÿ of aug^t an^o Dni 1703 that y^e ~~S^d Def^t~~ plantife
      be in mercÿ for his falce Clomour, and as to y^e writt y^e S^d Def^t goe ~
      thereof w^thout Daÿ, It is allsoe Considered bÿ y^e S^d Court here the Daÿ and
      year afs^d y^t y^e S^d Def^t recover ag^t y^e S^d pltf y^e Sum^e of fiftÿ pounds of
      tob^o fo^r a nonsuit according to act of assemblÿ as all his Cost of Suit laid
      out & Expended ~                                                                   Geo: Lumleÿ
                                                                                                                    Clk

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Kent County Court, Proceedings, 1701-1705

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