and

John Hurd, Hezekiah Rymell and others - Defendants

Whereas by Virtue of an Order of this Honorable Court bearing date the sixth day of February last past therein reciting an order made in this case the twenty eighth day of November 1799.

Whereby it was ordered that the Defendant Hezekiah Rymell having notice thereof should produce and shew John Webb John Penny and the daughter of Roger Daniel for whose Lives the Estate in the said order mentioned was held to Samuel Bowden and William Lacey of Frome Selwood in the County of Somerset Gentlemen at the Western door of the Parish Church of Frome Selwood aforesaid on Friday the twenty seventh day of December the next between the hours of ten and twelve of the clock in the forenoon of the same day according to the Statute in that case and provided in the Sixth year of the Reign of her late Majesty Queen Ann entitled "An Act for the more effectual discovery of the Deaths of Persons pretended to be alive to the prejudice of those who claim Estates after their Deaths".

And also reciting that it appeared by the affidavit of Richard John Gough that he did on the fourteenth day of December last personally serve the defendant Hezekiah Rymell with a copy of the said recited Order and that also appeared by the affidavit of the said Samuel Bowden and William Lacey that they did in pursuance of the said order of the twenty eighth of November 1799 attend and wait at the Western Door of the said Parish Church of Frome Selwood aforesaid from before the hour of Ten of the clock until and after the hour of Twelve of the clock on the forenoon of the said twenty seventh day of December last but that the said Defendant Hezekiah Rymell did not the produce to them the said John Webb John Penny and the daughter of the said Roger Daniel or any or either of them nor did the said John Webb John Penny and the daughter of the said Roger Daniel or any or either of them appear before the said Samuel Bowden and William Lacey at the time and place before mentioned or at any other time or place whatsoever and therefore it was prayed that the said Defendant Hezekiah Rymell might produce in the High Court of Chancery before Commissioners to be appointed by the said Court the said John Webb John Penny and the daughter of the said Roger Daniel at such time and place as the said Court should decide.

Whereupon it was ordered that the said Defendant Hezekiah Rymell should produce and show the said John Webb John Penny and the daughter of the said Roger Daniel for whose Lives the Estate in question is held to the said Samuel Bowden and William Lacey between the hours of Ten and Twelve of the clock in the forenoon at the Western Door of the Parish Church of Frome Selwood aforesaid on Friday the fourteenth day of March then next according to the said Statute in that case made and provided.

In pursuance of which said last mentioned order we the said Samuel Bowden and William Lacey (Commissioners therein named) did attend the Western Door of the Parish Church of Frome Selwood aforesaid on this present Friday the fourteenth day of March from before the hour of Ten of the clock until and after the hour of Twelve of the clock in the forenoon of the same day but that the Defendant Hezekiah Rymell in the said order named did not produce and shew the said John Webb John Penny and the daughter of Roger Daniel therein also named or any or either of them to us according to the said Statute in that case made and provided nor did the said John Ebb John Penny and the daughter of the said Roger Daniel or any or either of them appear before us at the time and place last before mentioned or at any time or place whatsoever.

Witness our Hands this fourteenth day of March 1800
Saml Bowden
Willm Lacey

Transcribed from document ref: C 202 188/21 at the National Archive by Peter Rimell - September 2005

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