Archives of Maryland, Volume 0091, Page 0065 - Somerset County Judicial Records, 1687-1689

Somerset County Judicial Records, 1687-1689

65
Law against Such their debito^r: without Any demand of Such their debts of their said debito^r:
whereby Their said debts is much increased and the Said debito^rs: thereby greatly burthened &
Impoverished by Means of Such their vexatious & unjust Suites at Law &^a: Wherefore it was
Enacted by the Lord prop^ry: &c that from and after the 20^th: day of September next noe pSon
Whatsoever his Executors or Adm^rs: liveing or Tradeing into this province Shall for and debt
due or owing to him by Acco^t: upon booke or Otherwise & for which the debito^rs: hath not passed
his hand & seale to Such his Credito^rs: Shall Sue or Impleade at Law Such debito^r: for any
Such debt Contracted as aforesaid & not under hand and Seale of such debito^r: aforesaid
unless he shall first demand & require the same of the said debito^r: in the County where he
Shall inhabitt if at his plantacon & if not then by Craveing A noate under the hand of such
Credito^rs: or those he shall impower to receive the same be not Accordingly paid then it shall
and may be Lawfull for the said Credito^r to Sue & implead Such his debito^r: for the said debt
and recover against him all such Costs & damages as upon Legall Treyall in any Court
of the Province shall be adjudged against him & in case any person shall Sue or implead
Any Such his Debito^r: as aforesaid contrary to this Act he Shall Loose all his Costs of such
his Suite & be Leyable to Satisfie his debito^r: all such damages as shall accrue unto the
said debito^r: by such his vexatious & unjust Suites of Law All which the Abovesaid W^m:
Anderson hath not don Therefore the defend^t: Craveth the judgment of the Court if the above
W^m: Anderson his Accon ag^t: him ought To have or not &^a =
Now here at this day (to witt) the 16^th: day of August as aforesaid Came James Sangster
Attourny to the above said W^m: Anderson pl^t: as alsoe Symon Perkins Sen^r: def^t: Came
And both parties by mutuall consent haveing putt themselves to the Judgment of the Court
Whereupon it is Considered by the Court here that the said W^m: Anderson recover against
the Said Symen Perkins Sen^r: the sume of One pound four Shillings & Ten pence Sterl: with Cost
And the def^t: in Mercy &^a: ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
The Same day Com^rs: as aforesaid
Thomas Jones pl^t:
ag^t: declaracon read viz^t:
Peter Whaples def^t:
Sum^r:s^tt: County Ss Peter Whaples of this County was Attached to Answer unto Thomas
Jones in a plea of debt =
And the said Thomas Jones by his Attourny Edward Jones Saith that upon the 3^d: day
of September in the yeare 1686 then the said Peter Whaples did bind himselfe his heires
Executo^rs: adm^rs: to pay unto the said Thomas the sume of Nyne hundred pounds of Tobacco
as doth appeare by a Certaine Writeing under the hand & Seale of the said Peter Whaples
& here in Court produced but the said Peter little regarding his promise & assumption but
fraudently intending the pl^t: to deceive in the Sume of Nine hundred pounds of Tobacco &c
Although often thereunto required Whereupon the pl^t: Saith he is damnified & hath
Loss to the vallue of 1400^lb: of Tob^o: & thereupon brings his Suite pr q^r Edward Jones -
And the said Peter Whaples by Thomas Poole his Attourny Cometh & defendeth the
force & injury & puts the pl^t: to prove the Consideracon whereupon the bill was producd & read?
Wheras Thomas Jones pl^t: had an Accon of Trepass upon the case against Peter Whaples
def^t: in Sum^rsett County Court the proceedings Menconed on the other halfe sheete of paper under
The Clerks hand after the Treyall had the 11^th: day of Novemb^r: 1685 against which proceedings
Thomas Jones appealed to the Justices of the provinciall Court which was granted by
The Justices in Som^rsett County Court after which an Agreement was made that each one
Should beare theire one Charges at Law & that Peter Whaples should pay the Said

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Somerset County Judicial Records, 1687-1689

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