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Somerset County Judicial Records, 1687-1689
Volume 91, Page 65   View pdf image (33K)
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65
Law against Such their debitor: without Any demand of Such their debts of their said debitor:
whereby Their said debts is much increased and the Said debitors: thereby greatly burthened &
Impoverished by Means of Such their vexatious & unjust Suites at Law &a: Wherefore it was
Enacted by the Lord propry: &c that from and after the 20th: day of September next noe pSon
Whatsoever his Executors or Admrs: liveing or Tradeing into this province Shall for and debt
due or owing to him by Accot: upon booke or Otherwise & for which the debitors: hath not passed
his hand & seale to Such his Creditors: Shall Sue or Impleade at Law Such debitor: for any
Such debt Contracted as aforesaid & not under hand and Seale of such debitor: aforesaid
unless he shall first demand & require the same of the said debitor: in the County where he
Shall inhabitt if at his plantacon & if not then by Craveing A noate under the hand of such
Creditors: or those he shall impower to receive the same be not Accordingly paid then it shall
and may be Lawfull for the said Creditor to Sue & implead Such his debitor: 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 Debitor: as aforesaid contrary to this Act he Shall Loose all his Costs of such
his Suite & be Leyable to Satisfie his debitor: all such damages as shall accrue unto the
said debitor: by such his vexatious & unjust Suites of Law All which the Abovesaid Wm:
Anderson hath not don Therefore the defendt: Craveth the judgment of the Court if the above
Wm: Anderson his Accon agt: him ought To have or not &a =
Now here at this day (to witt) the 16th: day of August as aforesaid Came James Sangster
Attourny to the above said Wm: Anderson plt: as alsoe Symon Perkins Senr: deft: 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 Wm: Anderson recover against
the Said Symen Perkins Senr: the sume of One pound four Shillings & Ten pence Sterl: with Cost
And the deft: in Mercy &a: ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
The Same day Comrs: as aforesaid
Thomas Jones plt:
agt: declaracon read vizt:
Peter Whaples deft:
Sumr:stt: 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 3d: day
of September in the yeare 1686 then the said Peter Whaples did bind himselfe his heires
Executors: admrs: 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 plt: to deceive in the Sume of Nine hundred pounds of Tobacco &c
Although often thereunto required Whereupon the plt: Saith he is damnified & hath
Loss to the vallue of 1400lb: of Tobo: & thereupon brings his Suite pr qr Edward Jones -
And the said Peter Whaples by Thomas Poole his Attourny Cometh & defendeth the
force & injury & puts the plt: to prove the Consideracon whereupon the bill was producd & read?
Wheras Thomas Jones plt: had an Accon of Trepass upon the case against Peter Whaples
deft: in Sumrsett County Court the proceedings Menconed on the other halfe sheete of paper under
The Clerks hand after the Treyall had the 11th: day of Novembr: 1685 against which proceedings
Thomas Jones appealed to the Justices of the provinciall Court which was granted by
The Justices in Somrsett 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
Volume 91, Page 65   View pdf image (33K)
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