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583) The Deposi.on of Rob.t Orme aged Seven & fifty years or thereaboûts This Dep.t being dûly Sworn ûpon y.e holy Evangelist saith y.t aboût 20 years since in y.e Life time of W.m Sivick he y.e s.d W.m Sivick & this Dep.t having been fishing & Landing in herring Creek y.e s.d Sivick shewed to this Dep.t a boûnded Locûst by y.e Water Side Saying that was y.e boûnded Locûst between Abra Nailor & him y.e s.d Sivick ûpon their Late agrem.t & y.e s.d Sivick at y.e same time Shewed this Dep.t a boûnded hiccary back in y.e Woods to y.e Westward from y.e s.d Locûst y.e w.ch y.e s.d Sivick told this Dep.t was y.e dividing tree between y.e s.d Sivick & Nailor at y.e head ûpon their s.d Agreem.t And y.e s.d Sivick also shewed ^then to^ this Dep.t a marked Line between y.e s.d Trees And this Dep.t fûrther saith y.t att other times he hath heard both y.e s.d W.m Sivick & the s.d Abra Nailor Say y.t y.e s.d Nailor had allowed to him y.e s.d Sivick Land att y.e head & y.t y.e s.d Sivick had allowed to him y.e s.d Nailor Land on y.e Water side & fûrther this Dep.t saith not Sworn before ûs 13.th Day of 8.ber 1707 Robert Orme W.m Holland Seth Biggs We doe hereby Certify y.t y.e hiccary in y.e above Deposi.on menconed is y.e same hiccary Sworn to by Eliz.a Wilson in her deposi.on hereûnto Annexed as Wittness oûr hands y.e Day & year before s.d W.m Holland Seth Biggs *In y.e Co.rt of Chanc.ry Nov.r 17.th 1707 [vide pag 581] Present his Exc.cy y.e Gov.r & Keep.r of y.e seal His Exc.cy Sent for & advised with W.m Bladen Esq.r her Maj.ties att.r gen.ll Cha Carroll & Wornal Hunt Esq.rs Councell.rs at Law touching y.e Cause of The Marg.t Macnemara ag.t Tho.s hon Husband & considering y.e Contemptuous behaviour of y.e afd Tho.s Macnemara towards this Court & disobedience to y.e Ord.rs of his Exc.cy therein Expressed as in y.e Records of y.e same is observed & being informed y.t y.e s.d Tho.s had Notice by some Means or other of y.e Att.a afd sev.ll dayes before it was served & by imposing on y.e Clk of y.e pvin.ll C.rt procured an Habeas Corpus in blank & so far imposed on Coll W.m Holland one of y.e Justices of s.d C.rt as to sign y.e same Whereupon y.e sheriff was Comanded before he had him in Cusdody on y.e s.d Att.a to have his body before Tho.s Smithson Esq.r Ch Justice of y.e Pvinc.ll C.rt Was und.r pretext & Colour of y.e Habeas Corpus Act in Engl.d of y.e 31.st of K Cha 2.d ignorantly or willfully designing to interfere with y.e Jurisdiction of this Co.rt of Chanc.ry has bailed y.e s.d Tho.s before y.e Return of y.e s.d Att.a by w.ch obstinate & Contemptuous dealings y.e s.d Tho.s does still stand out ag.t y.e afd ord.rs & Decree of this Court Therefore it is by his Exc.cy Ordered That Att.a shall issue ag.t y.e s.d Tho.s directed to Josiah Wilson gent her Maj.ties sergeant at Arms & to his Dep.ty or Deputies to take & in safe & close Custody keep y.e body of s.d Tho.s to appear before this Court on y.e 8.th of Feb.r next to Answ.r for his Contempt afd W.ch was iss.d accordingly by y.e Reg.r & given to y.e s.d Wilson & a Copy of S.d Att.a is filed in y.e Office The tenor of w.ch Att.a follows in these words [vide 2.d Att.a filed in y.e office] Feb.r 18.th 1707 On y.e Motion of Cha Carroll Esq.r on behalf of Marg.t Macnemara ag.t Tho.s Macnemara her husband afd shewing y.t notwithstanding 2 sev.ll Att.ts ag.t s.d Tho.s he y.e s.d Tho.s was by Habeas Corpus from Tho.s Smithson Esq.r set at large from Confinement Its Ord.rd y.t further viz.t a third Att.a issue ag.t s.d Thomas M.c |
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Chancery Court, Chancery Record, 1671-1712
| Volume 748, Page 583 View pdf image |
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