Volume 839, Page 37b View pdf image |
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Aprill Court
1723
37 Debt afd in the Court here ought not to sue and Implead because he saith that in and by a Certain act of assembly of this Province Now in force in such Cases made and Provided made and Past at a sessions of assembly begun and held at ye City of annapolis the twenty second day of June in the thirteenth year of the Reign of Our Late Sovereign Lady Queen anne of great Brittaine &c Annoq Dom One thousand seven hundred and fourteen Entituled an act for Releiveing the Inhabitants of this Province from these ^some^ aggreveances in the Prosecution of Suites at Law amongst other things it is Enacted by the authority of the said assembly that from and after the End of that Present Sessions of assembly all Persons whatsoever Resideing Negotiating or trading to or within this Province haveing a personall Claim or demand against any the Inhabitants of this Province wherein the Originall debt or damages do not Exceed the the value of twenty Pounds Sterling or five thousand pounds of tobacco shall by vertue of this act be obliged to sue and Implead their severall and respective Debtors in the severall and respective County Courts where such their debtor Inhabitt and reside and Not Else where on Penalty of Suffering a nonsuite and Paying the deft his reasonable Charges to be adjudged by the Justices of any Other Court wherein they shall be sued and Impleaded any Law Statute Usage or Custome to ye Contrary notwithstanding and the said John in fact saith that he the said John at the day of Issueing Out of the Originall Writt of him the said Alexander against him the said John and for severall years Before that was and now is a Freeholder and Inhabitant resideing in Dorchester County in his Lordships Province of Maryland and in that County Court and not Else where ought to have been sued and prosecuted for the debt afd against him the said John Wherefore for that the said Alexander his Originall Writt for the Debt afd against him the said John out of his Lordships County Court here now held for the County of Somrsett hath sued and Prosecuted the said John Prays Judgmt that the said Alexander thereupon may be Nonsuite and his reasonable Charges by reason afd to him the said John thereupon to be adjudged &c Allen P Deft But the said Alexander M.ccCulluck altho' solemnly Called to answer ^the Plea of^ thereof the afd John Haines admr as afd above in Barr Pleaded Comes not but makes default nor is his writt in the Plea afd further Prosecuted against him the said John Therefore it is Considered by the Justices here the thirtieth day of aprill Anno Dom One thousand seven hundred and twenty three afd that the said Alexander MccCulluck and his Pledges in Prosecuting be in mercy &c and Lett the Names of the said Pledges be sought for &c and that the said John Haines admr as afd goe thereof without day Likewise it is Considered by the Justices here that the said John Hains Recover against the said Alexander MccCulluck the sum of Two hundred & fourteen (214) Pounds of tobacco by the Court here adjudged unto him for his Costs and Charges by him about his defence in this Part sustained according to the form of the statute and that thereof he have his Execution &c
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Volume 839, Page 37b View pdf image |
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