Volume 748, Page 174a View pdf image |
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(174) being ready to pay the costs to such as the Court shall appoint the pties plts being out of the province And it being alleadged that hee ought to have paid the same to the person that served him w.th the subpœna for the said Costs and that his tender now to pay the same was noe sufficient discharge of his contempt and that the costs were for satisfaccon of officers Fees, this Court doth order that the said George Godfrey doe pay the said Costs as also the costs of the said Attachm.t being tenn shillings sterling to Robert Carvile the p.lts Attorney out of w.ch hee is to pay the Officers Fees & what is overplus (if any bee) to bee accountable to the plantiffes Att a Court of Chancery held att the Citty of S.t Maryes the nineteenth day of February in the yeare of our Lord One thousand six hundred seaventy nine in a Cause there Depending Between Joseph Tilley of Calvert County planter Comp.lt & George Parker Gent.l Def.t The Hono.ble Philip Calvert Esq.r Chancello.r Present The hono.ble Vincent Lowe Esq.r Surveyo.r Gen.ll The hono.ble George Talbott Esq.r The hono.ble William Steevens Esq.r Whereas the Comp.lt did this p.rsent Court Exhibitt his bill of Comp.lt ag.t the said Defend.t to bee Releived touching the matters and things therein Contained to w.ch the said Defend.t had been served w.th pcesse to answere but before the said Defend.t had put in his Answere to the said bill of Complaint the said pties Comp.lt and Def.t had for the pacifieing ordering and ending the said Suite and all other Suites variances strifes debates & controversies heretofore had moved or stirred or w.ch hereafter might happen or bee occasioned to happen to bee had moved or stirred by or betweene the said pties p.lts or Defend.t for touching or concerning any other matter cause or thing whatsoever mutually agreed and consented to referr all the said matters indifference to such pson or psons as this Court should nominate & appointe to heare and finally to determine the matters and differences aforesaid soe as such the Report order Judgm.t & determinacon of such Referrees from this Court might bee finall and Conclusive to either party and bee Ratified & confirmed by the Decree of this Court w.thout Further motion or appeale from the same or repeale thereof Itt is therefore this present day ordered by and with the consent of the said parties Complaynant and Defend.t & theire Attorneys here p.rsent in Court that the said Matters in Difference in the said Complayn.ts bill mentioned and all other matters & controversies betweene the |
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Volume 748, Page 174a View pdf image |
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