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20 March Court 1717 Joce which Jury being duely elected tryd and Sworn and having heard the pleadings Evidences and allegations on both Sides do depart from the barr and after Some time do againe return and being called over as also the Plt~. & Deft~ who do all appear and the Jury being asked whether they are agreed on a verdict or not do Say they are agreed on a verdict and being. demanded whether they find for the Plt~ or Deft~ do Say they find for the — Plt~ and damages as above declared only what is left~ to the Court upon Demurrer in Law and by John Wilson there foreman all So Say . The Same cause is Continued untill next Court to argue the Demurrer. Att which Said next Court vizt. The twentieth day of August the Same year last mentioned the Said Cause was Continued untill the then next Court in Course Att which Said next Court vizt. the Nineteenth day of November the Same year last mentioned the Same Cause was Continued until the then next Court in Course Att which Said next Court vizt. the Eighteenth day of March the — Same Year last mentioned the Same Cause Standing for arguing the Demurr. came the afd Plt~ by his afd attry and the Deft by his Said attry and the Demurrer as followeth viz And now at this day the Said Plt~ & Deft~ by their attrys did appear & the Jury likewise did appear & were Sworn &ca: upon which James Earle of Council for the Plt~ gave in Evidence two notes one for five Shillings drawn by John Spencer on ye Deft~ and the other for Eleven Shillings drawn by Christopher Bateman on Christopher Bateman and did required the Jurors find for the Plt~ upon which Thomas Bowne of Counsill with the Deft Saith that ye Evidence and Allegations afd alledged were not Sufficient in Law to maintain the Issue joyned for the Plt~. to which the Deft~ needeth not nor by the Law of the Land is not holden to give any answer wherefore do default of Sufficient~ Evidence in this behalfe the Deft~ demands Judgment of ye Jurors afd of giving their verdict be discharged &ca. And that~ the Plt~ be barred from having a verdict &ca. TBowne pr Deft~ And the afd Laughlin Flinn by James Earle his attry Saith that~. Sufficient matter to ye Jury afd is Shewn and given neither is their any materiall allegation given or verefied by him the afd Deft~ to discharge the Said Jury and this he is ready to verefie Wherefore prays Judgment~. if the afd Plt~ from his Accõn afd may not be precluded and that the Jury - afd upon the verdict afd may be discharged &ca. J Earle pr Plt~ —— And the afd Demurer and rejoynder being read and heard and by the attrys on both Sides argued and mature deliberation being by the Court thereupon taken do adjudge the Demurrer afd to be good and Sufficient in Law to barr the Sd Plt. from the afd Sumes of five Shillings and Eleven Shillings which in the whole amounts to Sixteen Shillings Currant money as afd part of what is declared for and the remaing part being but one pounds Six Shillings & Eight |
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Kent County Court, Proceedings, 1718-1720
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