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June Court 1762 144 thereof to Imparle here untill next Court to be held at Princes Ann Town the third Tuesday of March then next following and he hath it and the Same day is Given to the afd. King and Wilson here also &c Att which day here Came as well the afd. King and Wilson as the afd. John Carmichael Gar as afd. by their Attorneys afd. And hereupon the Said John of the Residue of the debt and Costs afd. (So as afd. Attached in the hands of the Said John) or any part thereof in the hands of the Said John to have Ought not because he Says that at the time of Laying the Attachment afd. in his hands or at Anytime Since he had not any Goods or Chattles of James Smith in the Said Writt Mentioned in the hands of him the Said John and this he is Ready to Verifie Wherefore he prays Judgment if the afd. King and Wilson Condemnation of the afd. Residue of Debt and Costs or Any part thereof in his hands to have Ought and So forth And the Said King and Wilson Say that they by Any thing by the Said John above in pleading prealledged from having Condemnation of the premisses in the Said Writt mentioned in the hands of the Said John Ought not to be Precluded because the Say that at the time of John ^ whereof to have Satisfied the Said King and Wilson the Residue of the Debt and Costs in the Said Writt mentioned to wit at Somerset County afd. and this he prays may be Inquired by the Country and So forth, and the deft Likewise Thereupon it is Commanded the Sheriff of Somerset County that he Should Cause to Come before his Lordships Justices at the Next Court to be held at Princes Ann Town the third Tuesday of June then next following Twelve Good free and Lawfull men of his Bailywick whereof Every one have a free hold in the Said County by whom the truth of the Premisses afd. May be the better known and who neither the afd. King and Wilson nor the afd. John Carmichael Garnishee of the afd. James Smith touch by any Affinity to Recognize upon their Oath of and upon the Premisses afd. because as well the afd. King and Wilson as the afd. John Carmichael have put themselves upon that Jury And the Same day is Given to the afd. Parties here &c Att which day here Came as well the afd. King and Wilson as the afd. John Carmichael Gar afd. by their Attorneys afd. And the Sheriff to witt Ephraim Wilson Returned the afd. Writt of Veniry facias in all things Served and Executed and the Jurors of that Jury thereof Impannelled being Called Some of them to witt William Skervin, Revell Horsey, William Polk, Jarvis Ballard, Ezekiell Hall, Aaron Starling, John Evans, Ballard Bozman Elias White and Robert Dashiell Came and were Sworn upon that Jury and because the Residue of the Jurors of that Same Jury did not Appear therefore others of the by Standers by the Sheriff of the County afd. hereunto Elected and at the Request of the afd. King and Wilson and by the Command of the afd. Justices are newly put on whose Names to the pannell within Written are filed According to the form of the Statute in Such Case made and Provided which Same Jurors So newly put on to witt William Venables and Thomas Irving afd. together with the other Jurors afd. before Impannelled and Sworn being Elected tryed and Sworn upon their Oath Say that the afd. John Carmichael at the time of Laying the Attachment afd. in his hands had Goods and Chattles of the afd. James Smith to the Amount of five pounds Eight Shillings Curt Money Whereupon the Said King and Wilson pray that upon Giveing Security According to Act of Assembly in Such Case provided the afd. Sum of five pound Eight Shillings Curt Money may be Condemned in the hands of the Said John Garnishee as afd. towards Sastisfieing the afd. King & Wilson the Residue of their debt and Costs afd. Thereupon a Certain William Hayward of Somerset County Gent present here in Court in his Proper Person undertook for the Said King and Wilson According to Act of Assembly that in Case the Said James Smith do at any time within a year and a day Appear and make all or Any part of the Said King & Wilson Claim Against him Appear to be Satisfied or Otherwise to have been undue before the Laying of this Attachment that then the Said King and Wilson Shall make Restitution to him the Said James Smith of all or Such part thereof as Shall be made Appear to be undue &c. or that he the Said William Hayward will do the Same for him &c Therefore it is Considered that the afd. Maryland by the Jurors afd. in form afd. found of the Effects of the afd. James Smith in the hands of the afd. John Carmichael Gar as afd. be Condemned in the hands of him the Said John as of the Effects of the Same James for the use of the Said King and Wilson towards Satisfying unto them the afd. King and Wilson the afd. Residue of their Debt &c. And also it is Considered by the Court here that the afd. King and Wilson Recover Against the afd. John 588 John Carmichael Pounds of tobacco for their Costs and Charges by them about their Suit in that part apposed by the Court here unto the afd. King and Wilson According to Act of Assembly in Such Case made and provided Adjudged And that the agst the afd. John Said King and Wilson have thereof Execution &c. |
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Somerset County Judicial Records, 1760-1763
| Volume 543, Page 144b View pdf image |
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