Archives of Maryland, Volume 0740, Page 0302 - Kent County Court, Proceedings, 1701-1705

Kent County Court, Proceedings, 1701-1705

And now here this 25^th Daÿ of Ja^rÿ 1702 comes y^e S^d Def^t bÿ his afs^d
Att^rÿ Who answers to y^e Declaⁿ afs^d viz

John Loÿde	\|
ad^s	\| And y^e S^d Def^t bÿ Richard Macklin his att^rÿ comes and Defends
Joⁿ Hawkins Sen^r	\| the force & Enjurÿ when &c^a & Saÿeth for y^e manifold Insufficienc=
	\| :cies & Imperfections in y^e pltfs Declaⁿ & y^e matter therein Contained
	\| This Def^t Can not nor bÿ y^e Law of y^e Land is not bound to answer
	thereunto and this he is readÿ to verifie wherefore for want of
	a Sufficient Declaⁿ in y^t behalfe and Sufficient matter in y^e Same
	to be Contained y^e Def^t praÿs Judgm^t & his Damãges to be adjudged
	unto him &c^a Macklin p^r Def^t

                  reasons in Dem^r:
1^st reason
      There is a variance betwen y^e originall writt and y^e Declaⁿ in this y^t in y^e writt it is Con:
    : tained y^t y^e Sher^f of Kent Countÿ take Joⁿ Loÿde als Dicts John Loÿde of Kent Countÿ
      plant^r &c^a to answer unto John Hawkins of Sen^r of a plea y^t he rend^r him 800^ls of good
      Sound Tobacco w^ch to him he oweth & from him he unjustlÿ Detaine &c^a and in y^e
      Demonstrative part of y^e Declⁿ |w^ch ought to agree w^th y^e originall writt ) it is y^t Joⁿ
      Loÿde &c^a Stands attached to answer unto John Hawkins Sen^r. &c^a of a plea y^t he render
      unto him y^e full & Just Sum^e of 800^ls of good Sound merchantable tobacco &c^a bÿ w^ch it
      app^rs: y^t there is a variance betwen y^e writt & Declaⁿ as well in y^e quallitie of y^e tob: as in
      y^e omitting y^e Defts addiõn in y^e Declaⁿ which is Err^r.
2^d    In all accons accõns of D^t Grounded upon Especiallities y^e Originall writt is a Sumõns
      therefore in y^e Declaⁿ it ought to be alledged y^t that y^e Def^t was Sum’d to answer &c^a
      and not y^t he was attached &c^a
3^dly:    The Defts adiõn mentioned in y^e originall writt ought to have been recited in y^e
      Demonstrative part of y^e Declaⁿ w^ch being omitted is manifest Err^r:
                                                        Dem^r Joÿned Earle p^r q^r
      And now here | y^e Declaⁿ plea & Dem^r: being |bÿ y^e Court) heard, understood, and
     maturelÿ Deliberated, as allsoe y^e pleadings & allegations on both Sides:
      It is bÿ y^e Justices| here) Considered, this 25^th Daÿ of Ja^rÿ anno Dni 1703⁴ y^t y^e
      Dem^r: of y^e S^d pltfs is good; It is likewise Considered, bÿ them y^e Daÿ and
      year afs^d y^t y^e S^d Joⁿ Hawkins Sen^r: take nothin bÿ his writt afs^d but be in
      mercÿ for his falce Clam^r: and y^t y^e S^d Joⁿ Loyde recover ag^t y^e S^d John Hawkins
      as well y^e Sum^e of fiftÿ pounds of tob^o for a nonsuit ( according to act of
      assemblÿ in Such Case made & provided ) as y^e Sum^e of two hundred & Six pods
      of tob^o for his Cost & Charges Laid out & Expended according to the form
      of y^e Statute — —— — —

Jacob Caulk	\| Comãnd was Given to y^e Sher^f of Kent Countÿ on y^e 25^th Daÿ of
a^t	\| March Anno Dni 1703 to take Jer^h Miles if to be found in his
Jer^a Miles ~	\| Bailewick & him Safe Keep to have bodÿ before y^e Justices of
	Kent ~~afs~~ Countÿ, att next Court \|then fallowing) to be held for
	S^d Countÿ to answer unto Jacob Caulk of a plea of trespass
	upon the Case /

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Kent County Court, Proceedings, 1701-1705

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