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Somerset County Judicial Records, 1760-1763
Volume 543, Page 165b   View pdf image
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                          August Court            1762         166
JP    Alexr. Stuart

@    Command was Given to the Sheriff of Somerset County that he Should Take Nathaniel
WH    Natl Waller    Waller Late of Somerset County Planter if he Should be found in his Bailywick and him Should Safe
keep so that he might have his body before the Justices of his Lordships County Court of Somerset to be held at Princes
Ann Town the third Tuesday of June Anno Dom. one thousand Seven hundred and Sixty Two to Answer unto Alexander
Stuart of A plea of trespass upon the Case and So forth    And the Same day is Given to the afd. Alexander here &c
           And thereupon the Said Alexr. Complained Against the afd. Nathaniel in the plea afd. in form following
Somerset to witt Nathaniel Waller Late of Somerset County Planter was Attached to Answer unto Alexander
Stuart of A plea of trespass upon the Case &c.    And Whereupon the Said Alexander by Josiah Polk his Atty Complains
that Whereas the Said Nathaniel on the Seventeenth day of Aprill Anno Dom. one thousand Seven hundred
And Sixty One at Somerset County afd. was Indebted unto the Said Alexander in the Sum of Two pounds fourteen
Shillings and Eleven pence Curt Money of Maryland for the Articles in the Account hereto Annexed Mentioned
And So thereof Indebted being the Said Nathaniel in Consideration thereof Afterwards to wit the day and Year afd.
at the County afd. upon himself did Assume and to the Said Alexander then and there faithfully Promised that he the
Said Nathaniel when he Should be thereto Afterwards Required unto the Said Alexander he would faithfully pay &
Content Nevertheless the Said Nathaniel his promise and Assumption afd. in form afd. made not Regarding the
Sum of Money afd. to the afd. Alexander he hath not paid or him for the Same in Any Sort Contented Altho the Same
to do afterwards to wit the day and Year afd. at the County afd. by the Said Alexander Required but the Same to him to
pay hath Refused and Still doth Refuse Whereupon the Said Alexander Says he is Worse and hath damage to
the Value of five Pounds Curt Money of Maryland and thereof he brings Suit &c.    Pledges &c. J. Doe & R. Roe
1761    Capn. Nathl Waller Dr Cury
March 19    To 2 yds Cotton @ 2/11: 4 Gall. Molasses @ 4/ To 2 Gall. Rum @ 6/4 Aprill 8th To 1 Gal: Molasses 4/ 1/8 Gal. Wine 1/ £1..19..6

   To 1/2 Gal: Rum @ 6/4 : 17 To 1 pr Shoe Buckles 2/: 1 1/2 Gal: Rum @ 6/4 To 1lb. Brown Sugar 9d    0..15..5

                                          Errs. Exd pr Alexr. Stuart £2..14..11
Somerset County March 26th. 1762 Then Came Alexr. Stuart before me One of his Lordships Justices of the peace and made
Oath on the holy Evangelist of Allmighty God that the Above Acct is Just and true and that he has not Recd Any part parcell
Security or Satisfaction for the Same                                                         Sworn before       Ephm. King
        A Copy of the foregoing declaration was made and Sent to be Served on the deft. in Order for Speedy tryall
        Att which day here Came the afd. Alexander Stuart by his Attorney afd. And the Sheriff to witt Ephraim Wilson
now here Returned that he had taken the afd. Nathaniel Waller whose body here at this day he had Ready to
Answer the afd. Alexander Stuart of the afd. plea as to him it was Commanded and further the Same Sheriff Returned
that he had Served the afd. Nathaniel Waller with a Copy of the foregoing decln According to Act of Assembly in
Such Case provided &c.    Whereupon the Said Natl Waller at the prayer of the afd. Alexr. Stuart is Adjudged to
Give Special bail to the Action afd. Thereupon a Certain Andrew Spear of Somerset County planter present here in Court
in his proper Person undertook for the Said Nathaniel Waller and Assumed upon himself that if it Should
happen that Judgment in the plea afd. Should be Rendred for the Said Alexander Stuart Against the afd. Nathaniell
Waller or that he the Said Nathaniel Should be therein Convict that then he the Said Nathaniel Should pay &
Satisfie unto the afd. Alexander the Judgment of the Court thereupon or Render his body in Execution of Such Judgment
to the Prison of the Sheriff of the County afd. in Satisfaction thereof or that he the Said Andrew Spear will do the Same
for him &c       And the afd. Nathaniell Waller by William Hayward his Attorney Comes and defends the
force and Injury when &c. And prays Leave thereof to Imparle here untill next Court to be held at Princes Ann
Town the third Tuesday of August then next following and he hath it and the Same day is Given to the afd. Alexander
here also &c.       Att which day here Came as well the afd. Alexr. Stuart as the afd. Nath: Waller by their Attorneys
afd. And hereupon the Said Natl as before defends the force and Injury when &c. And Saith that he Cannot deny
the Action afd. of the afd. Alexr. Stuart nor but that he did Assume upon himself in Manner and form as the afd. Alexr.
Above Against him hath Complained and as to the damage of the Same Alexr. by him by Occasion of the premisses
in that part Sustained the Same Natl Saith and Acknowledgeth that the afd. Alexr. hath Sustained Damages by
Occasion of the Premisses beyond his Costs and Charges by him About his Suit in that part Apposed to Two pound

fourteen                          



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Somerset County Judicial Records, 1760-1763
Volume 543, Page 165b   View pdf image
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