Archives of Maryland, Volume 0740, Page 0311 - Kent County Court, Proceedings, 1701-1705

Kent County Court, Proceedings, 1701-1705

Jan^rÿ Court 1703: 4:

Ex^rof ffrÿ-	\|
a^ds	\| And y^e S^d pltf bÿ his afs^d att^rÿ for replication Saÿeth y^t y^e plea of y^e
John Hawkins	\| S^d Def^t is not good & Sufficient in Lawe &c^a & therefore Dem^rs: to y^e
	Deft’s plea &c^a Earle p^r q^r:
	Dem^rs Joÿned Bonwicke p^r q^r Def^ce

      The which Declaⁿ plea and Dem^r: being read & heard and fullÿ understood & bÿ y^e
      Court maturelÿ Deliberated It is Considered bÿ y^e S^d Court, y^t y^e S^d plea of y^e afs^d
      Deft’s is not Sufficient to Debarr y^e S^d pltf from haveing his accon as afs^d Soe as ~
            afs^d brought and y^t y^e afs^d Dem^rs: of y^e S^d pltfs to y^e plea of y^e S^d Def^t be adjudg:
   =ed good, And it therefore further Considered bÿ y^e S^d Court y^t y^e Said Geo: Lumleÿ
      in afs^d Capacitie Recover ag^t y^e S^d Joⁿ Hawkins as well y^e Sum^e of 41614^ls of tob^o
      y^e Debt in y^e obligation afs^d as allsoe y^e Cost of Sum^e accrewing thereupon
        And the afs^d pltf upon y^e Judg^t of this Court is willing to & Doth —
      release y^e penãlltÿ of y^e bond afs^d |in his afs^d Capacitie
        It is further Considered y^t y^e S^d pltf Doe recover from y^e S^d Def^t y^e Sum^e
      of twentÿ thousand Eight hundred & Seaven pounds of tob^o D^t as allsoe y^e —
      Sum^e of one hundred Seaventÿ & Six pounds of tob^o Cost of Suit & the
      Said Def^t in mercÿ &c^a. and y^e S^d John Hawkins praÿed an appeal |of this Court) from y^e
      Judg^t afs^d to y^e next Prov^ll [Court] was Granted he giving Securÿtie according to Law, which he Doth

Robert Dunckleÿ	\| p^r bond filed in this Court &c^a
a^t	\| upon y^e mõcon of y^e S^d pltf bÿ Richard his att^rÿ his —
Richard Joanes Ju^r	\| hath & writt Granted him bÿ this^Courtto be returnable Imediately
	and y^e S^d writt Directed to y^e Sher^f of Kent Countÿ ~~when~~
	ag^t Richard Du Joanes Jun^r of the plea &c^a— who—
	makes an Immediate retⁿ of S^d writt Cepi p^r Jon: Hawkins Sher^f

      This being upon y^e 23^th Daÿ of 9ber anno Doi 1703 y^e S^d Def^t appears & there:
     =up is held to Baile, Michael Earle here in Court undertakes to be baile for
      y^e S^d Ri^chard, & thereupon y^e S^d Richard bÿ y^e S^d Earle his att^rÿ praÿ leave to
      Imparle hereunto untill next & he hath is y^e Same Daÿ is Given y^e
      pltf allsoe att w^ch S^d next Court to witt this 25^th Daÿ Ja^rÿ comes as well
      y^e S^d Def^t bÿ his att^rÿ afs^d y^e S^d plft bÿ his S^d att^rÿ & y^e Cause Standing
      fo^r trÿeall y^e platfs Declaⁿ was read as falloweth
     Kent Ss} Richard Joanes als Dicts Richard Joanes Jun^r of tallbott Countÿ was ——
                     Sumõn’d to answer unto Rob^t Duncklÿ of London merchant of a plea y^t he rend^r
                     him y^e Sum^e of Eleven hundred & ninetÿ nine pounds of good Sound & very
                     well quallified Tob^o. in Cask which to him he oweth & from him he unjustlÿ
                     Detaines——
      And whereupon the Said Rob^t bÿ Richd Macklin his att^rÿ complaines y^t whereas y^e S^d
      Richard Joanes y^e 18^th Daÿ of Maÿ Anno Dni 1703 att Tallbott Countÿ w^ch in y^e Jurisdicõn
      of this Court bÿ his Certaine bill or writeing obligatorÿ Sealed w^th his Seal as his act
      and Deed Delivered & here into Court brought whose Date y^e Daÿ & year afs^d Did
      bind himselfe his heires Ex^rs. and adm^rs to paÿ or Cause to be paid unto y^e S^d Rob^t his heires
      Ex^rs: adm^rs: Certaine att^rÿ or assignes y^e afs^d Sum^e of 1199^ls tob^o quallified as afs^d to
      be paid upon y^e S^d Richard Jones then Dwelling plantation in Chester River
      in y^e Countÿ afs^d att or upon y^e tenth Daÿ 8ber next Ensueing y^e Date of y^e Same
      bill obligatorÿ: yett notw^thstanding y^e S^d Rch^d Jones y^e afs^d Sum^e of 1199^ls tob^o
      according to y^e ten^r of y^e Same bill obligatorÿ
                                                                                      verte

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Kent County Court, Proceedings, 1701-1705

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