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August Court 1762 172 Att which day here Came the afd. Mills and Eden by their Attorney afd. And the Sheriff to witt Ephraim Wilson now here Returned that he had taken the afd. William Baily whose body here at this day he had Ready to Answer the afd. Mills and Eden of the afd. plea as to him it was Commanded &c Whereupon at the Same day the afd. Sheriff being Solemnly Called to Bring the body of the afd. William Baly Agreeable to the Return of the Writt &c thereupon the afd. Sheriff Assigned unto the afd. Plfts. the Bail bond which he had taken for his Indemnity which the afd. Mills and Eden Excepted of and Issued thereon his Lordships Writt Against the afd. William Baly directed to the Coroners of Somerset County as follows Vizt Command was Given to the Coroners of Somerset County that they Should Take William Baily Late of Somerset County planter Otherwise Called William Balley if he Should be found in their Bailywick and him Safe keep so that they have his body before the Justices of his Lordships County Court of Somerset to be held at Princes Ann Town the third Tuesday of August Anno Dom. 1762 to Answer unto Ephraim Wilson of A plea that he Render him the Sum of Eight Thousand pounds of Good Merchantable Leaf Tobacco which to him he Owes and unjustly detains &c. And the Same day is Given to the afd. William here &c. Att which day here Came the afd. Eph Wilson by Josiah his Attorney and the Coroner to witt Thomas Holbrook Gent now here Returned that he had taken the afd. William Baily whose body here at this day he had Ready to Answer the afd. Eph. Wilson of the afd. plea As to him it was Commanded &c. And Afterwards in the Same Court Came the afd. William Baly by William Hayward his Attorney and Prays that his Appearance may be taken to the Originall Action of the Originall Action afd. James Mills and John Eden and is Willing to Give Special Bail to the ^ afd. and that the Capias on the Bail Bond afd. May be dismised &c. Whereupon a Certain George Baly present here in Court in his proper person undertook for the Said William Baly and Assumed upon himself that if it Should happen that Judgment in the plea afd. Should be Rendred for the afd. James Mills & John Eden Suit Or that he the Said William Should be therein Convict that then he the Said William Should John the pay and Satisfie unto the afd. James & ^ 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 George Baly will do the Same for him &c. Whereupon the afd. Wm. Baily puts in his place Wm. Hayward Gent Attorney at Law Against the afd. Mills and Eden in the afd. plea And thereupon the Suit on the Bail bond afd. is dismised And hereupon the Said James Mills and John Eden Complained Against the afd. William Baly in the plea afd. in form following Somerset fst William Baly Late of Somerset County planter was Attached to Answer unto James Mills and John Eden of A plea of A plea of trespass upon the Case &c. And Whereupon the Said James and John by Josiah Polk their Attorney Complains that Whereas the Said William on the Seventeenth day of June Anno Dom. MDCCLXI at the County afd. was Indebted to the Said James and John in the Sum of four pounds Eighteen Shillings and three pence Curt Money of Maryland for the Articles in the Account hereto Annexed mentioned And So thereof Indebted being the Said William in Consideration thereof Afterwards to witt the day and Year afd. at the County afd. upon himself did Assume and to the Said James and John then And there faithfully promise that he the Said William when he Should be thereto Afterwards Required the Sume of Money afd. to the afd. James and John he would faithfully pay and Content Nevertheless the Said William his Promise and Assumption afd. in form afd. made not Regarding the Sum of Money afd. to the afd. James and John he hath not paid nor them for the Same in Any Sort Contented but that to do Altogether hath Refused and Still doth Refuse Altho the Same to do Afterwards to wit the day and Year afd. at the County afd. and often Since that time by the Said James and John Required to the Damage of the Said James and John ten pounds Curt Money of Maryland And thereof they bring Suit &c. Pledges &c. J. Doe & R. Roe And the afd. William Baly by his Attorney afd. Comes and defends the force and Injury when &c. And Saith that he Cannot deny the Action afd. of the afd. Mills and Eden nor but that he did Assume upon himself in Manner and form as the afd. Mills and Eden Above Against him hath Complained and as to the damage of the Same Mills and Eden by him by Occasion of the premisses in that part Sustained the Same Wm. Saith and Acknowledgeth that the afd. Mills and Eden hath Sustained Damages by Occasion of the premisses beyond his Costs and Charges by him About his Suit in that part Apposed to four pound Eighteen Shillings and three pence Curt Mooney And not More and because the afd. Mills and Eden deny not this but the Same Allegation Grant |
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Somerset County Judicial Records, 1760-1763
| Volume 543, Page 172 View pdf image |
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