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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 43   View pdf image (33K)
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MARYLAND COURT OF APPEALS 43

Present: His Exncy Francis Nicholson Esq Capt Genll etc; Sr. Thomas Lau-
rence Barren1 Secry; Coll: Nicho Greenberry; Thomas Tench Esq; Coll:
Charles Hutchins; Coll: John Addison; Coll: John Courts; Thomas
Brooke Esq.

The Case of Mr Wm Sharp last Night Referred is Ordered now to be
Debated. Mr Sollicitor Genn opens the Matter and desires that the Counsell
on Mr Sharps behalfe may produce what Authorities they have to prove that
he is illegally detain'd in Custody, according as they alleadged last Night
they would Endeavour to do this Morning.

Then Produced the Supersedeas which was Read as followes Vizt

Mr Wm Sharpes Supersedeas Read

William the Third by the Grace of God of England, Scotland, France
and Ireland King Defender of the Faith etc: To the Sherriff of Talbot
County in our Province of Maryland Greeting, Whereas in the Record of
Process and Rendring of Judgmt of a Plea of debt woh was before the Justices
of our Provinciall Court lately depending between our Soveraign Lord the
King pit and William Sharp of Talbot County deft Vizt in October Court
last past manifest Error as tis Said hath happen'd to the great Damage of the
sd Wm Sharp, and whereas We have Commanded by our Writt of Error the
Record and Process of the plea and Judgmt afores* to be brought before his
Exncy the Governr and the honrble the Councill at their Next [61] day of
Regulating Writtes of Error after the next prov** Court that We may cause
to be done what of Right and according to the Customes of this Province
ought to be done in the Premises, We therefore Command you that from
all molestation of the sd Wm Sharp and from all manner of Execution agl
either the Body or Goods lands or Chattells of the s* William for or by Rea-
son of the Plea or Judgmt aforesd you altogether Stay and Superseede untill
the plea and Judgmt aforesa Shall be Examin'd hear'd and determin'd before
the Govr and Councill aforest Hereof you are to take due Notice at yor perrill
Witness our Self at our Port and Town of Annapolis in the County of Ann
Arrundell in our sd Province the 22d day of May in the Ninth Year of our
Reign Annoque Domini. 1697.

R. Goldsborough John Freeman Regr in Chan:

The Case debated upon and in question is whether the sa Supersedeas
direct'd to the Sherriff of Talbot County ought to be a barr or Stop to the
Sherriff of Ann Arrundell County from taking the sd Sharp in Execution
and whether the sa Sharp by that means be illegally detain'd or not.

John Edwards pet. Read together with the Ordr of Referrence and the
Lawyrs Report indorsed is Approved of and leave Granted that the Petr may
Proceed to prosecute the sd Appeal. [John Edwards Petition abt prosecuting
an Appeal granted. Vide pet. fol 63.]


 

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Proceedings of the Maryland Court of Appeals, 1695-1729
Volume 77, Page 43   View pdf image (33K)
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