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March Court 1718 217 County the twenty Second day of June in the thirteenth Year of the Reigne of the late Lady Anne Queen of Great Brittain &ca and in the year of our Lord God Seventeen hundred and fourteen Entituled an Act for relieving the Inhabitants of this Province from Some agrievances in the prosecutions of Suits of Law by and with the advice and Consent of her Said late Majestys — Governor Council and the then assembly of this Province and the authority of the Same It was then and there among other things Enacted that from~ and after the end of the Said Sessions of Assembly all persons whatsoever resideing Negotiateing or trading to or within this Province having any — personall Claimes or Demand against any the Inhabitants of this — Province wherein the Original debt or Damages do not Exceed the— value of twenty pounds Sterling or five Thousand pounds of Tobacco — Shall by vertue of the Said Act be obliged to Sue and Implead their Several and respective debtors in the Several and Respective County Court where Such their Debtors Inhabit and Reside and not Elcewhere on— penalty of Suffering a Nonsuite and paying the Defendant his reason: :able charges to be adjudged by the Justices of any other Court wherein they Shall be Sued and Impleaded any Law Statute usuage or Custome to the Contrary Notwithstanding and the afd Thomas Tolly further Saith that he the Same Thomas Tolley before the Impetration of the Said writ of Attachment and the Said Sherrifes return thereon hath been for — eighteen Months past and Still is a resident and Commorant out of the— Jurisdiciõn of this Court to wit at Baltemore County in the Province of Maryland and not at Kent County or any place therein within the Juris: :diciõn of this Court and This The Same Thomas Tolley is ready to verify wherefore he prays Judgment if the Justices of Kent County afd will— further take Cognize. of the Said writ of Attachment and return thereupon or compel the Same Thomas Tolley to make further answer unto the Said writ and return Thereupon &ca. M Howard pr Defendt —— And the afd Plts by their afd Attry Say that the plea afd of the afd Garnishe in Manner and forme above pleaded is not Sufficient in Law to Cause the afd writ of Attachmt. of the afd Plts above Sett forth to abate or^toretard ye abovesaid Justices to hold plea of the above writ of Attachmt and return thereof and from taking further Cognizance of the Said writ of Attachment and Return thereon or to Estope or hinder the Same Justices to Compell the Said Garnishe to make further Answer unto the Said writ and Return thereupon and that they to that Plea of the afd Garnishe in manner and forme above pleaded have not need nor by the Law of this Land are obliged to Answer and this they are ready to verifie Wherefore they pray Judgment and that the afd writ of Attachment and the return thereon be held Good and that the Said Justices of this Court will hold plea thereupon and take Cognizance thereof as — also Cause the Said Garnishe to make further Answer to the Same &ca TBowne pr qrbs The Demurrer Joynd MHoward pr Garnishe— Which Plea and Demurrer being read and Argued and mature— deliberation being by the Court thereupon taken The Court adjudges the plea |
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Kent County Court, Proceedings, 1718-1720
| Volume 833, Page 217 View pdf image |
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