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Somerset County Judicial Records, 1687-1689
Volume 91, Page 51   View pdf image (33K)
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51
pound eighteen shillings Sterl: Mony for To be laid out in Rum & transported with the said
Peter into Maryland as pr order & after his arrivall was ordered to dispose of the said
Rum for porke for the use of the said Henry
Now Soe it is That the said Peter fraudulently intending refuseth to give unto the said
Henry a just Accot: of the Rum & porke purchased for the use of the said Henry although
Thereunto hath severall times been demanded whereby the said Henry is damnified
& hath Damage to the vallue of six pounds Sterling & thereupon bringeth his Suite
And the Said Peter Bodkin by Walter Lane his Attourney as alsoe Jno: Taylor his Attourney
cometh & defendeth the force & injury to him don & saith that the Above said Henry
Smith hath not brought not his Accon agt the Abovesd: Peter Bodkin in due manner &
forme according to an Act of Assembly held at the Citty of St: Maries the 16th: day of
August Anno 1681 entitulled An Act for preventing Unnecessary & vexatious suites At
Law wherein it Sheweth that whereas divers & Sundry persons within this province
Contracting debts by accots: with merchants & Others for wch: they Stand & remaine duely
Debitors: upon their bookes of Accots:the wch: tho thy be honnestly & well disposed to pay
the same upon demand first had & required of the said debt by the said Creditor: or other
person Lawfull Authorized to receive the same without wch: it is impossible for the Debitors
To know where or to whome to pay the said Debts yet Severall of the sd: Creditors: through
Vexatious & avaritious humor doe daily comence their Suites at Law agt: Such their
Debitors: without Any Demand of such their debts of their said Debitors: whereby their said
Debt is much increased & the sd: debitore thereby greatly burthoned & impoverished
by meanes of such their Vexacious & unjust Suites in Law &a Wherefore it was enacted
by the Lord propry: &a: that after the 20th: day of December next noe person whatsoever his
Executors: or Admrs: liveing or Tradeing into this province Shall for any debt due or Owing
To him by Accot: Upon booke or Otherwise & for wch: the debitor hath not passed his hand
& Seale to Such his creditors: Shall Sue or implead At Law Such his Debitors: for any Such
debts Contracted as aforesaid & not under hand & Seale of Such debitors: aforesd: unlesse
he shall first demand & require the same of the said Debitors in the County Where he Shall
Inhabitt if at his plantacon & if not then by Causing A noate under the hand of such
Creditors: or those he shall impower To receive the same what time & to whome the same Shall
be paid & if thereupon the same be not accordingly paid then it Shall & may be A
Lawfull for the sd: creditor to sue & implead such his debitor for the said debt & recover
agt: him all such costs & Damages as upon Legall Treyall in Any Court of the province
Shall be adjudged agt: him & in case Any person Shall Sue or implead any such his --
Debitor: as aforesd: contrary to this Act hee shall loose all his cost of such his suite
& be Leyable to satisfie such his Debitors: all such damages that shall accrue unto the
said Debitor: by such his Vexatious & Unjust Suites at Law All wch: the Abovesaid
Henry Smith hath not don therefore the defendt: Craveth the judgemt: of the Court if the
Above henry Smith his Accon agt: him Ought To have &a:
Now at This day to Witt the 14th: Day of June aforesd: the said parties by their Attourneys
aforesd: Came & the said henry Smith haveing afterward produced a receipt under the
hand of the aforesd: Peter Bodkin for the aforesd: Sume of 38£ Sterl: recd in Barbados
the first day of August 1687 from one Allexander Taggart for the use of the aforesd:
Smith upon which the aforesd: Bodkin by his Attourney aforesd: Cometh & Saith that he
is & alwaise was ready to pay the aforesd: Sume of 38£ Sterl. aforesd: reccd as aforesd:















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Somerset County Judicial Records, 1687-1689
Volume 91, Page 51   View pdf image (33K)
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