Volume 543, Page 201 View pdf image |
March Court 1763 201 Att which day here came the afd. Nicholas McCubbin by Samuel Wilson his Attorney and the sheriff to witt Ephrm. Wilson now here returned that he by Virtue of the Writt afd. Made known unto the afd. Thomas Tyler by Isaac Coulbourn and John Doe Good and Lawfull men of his Bailywick that he should be & appear before the Justices within mentioned on the day and place within Contained to shew Cause as to him within it was commanded And the said Thomas Tyler altho So forewarned being Solemnly Called to shew Cause Came Not but made default and upon this the said Nicholas McCubbin prays Execution against the said Thomas Tyler for the Damages afd. according to the form and effect of the Recognizance afd. therefore it is Considered that the afd. Nicholas McCubbin have Execution against the afd. Thomas Tyler for the Damages afd. in the Scire facias afd. Mentioned according to the force form and effect of the Recognizance afd. also it is Considered that the afd. Nicholas McCubbin Recover against 260 the afd. Thomas Tyler pounds of Tobacco for his Costs and charges Sustained by means of the Delay of the Execution of the Judgement afd. and that the afd. Nicholas have thereof Execution &c
the Sixteenth Day of March Anno Dom. one thousand seven hundred and sixty two before Isaac Handy Esqr and others his associates Justices at princess Ann Town afd. assumed upon himself and did under -take for a certain Samuel Horsey Late of Somerset County Planter that in Case a certain Peter Hubbard should Recover Judgement against him the said Samuel Horsey in a certain plea of trepass upon the Case by the same Peter against the afd. Samuel in our Same Court prosecuted or that the said Samuel should be therein Convict that then he the said Samuel all Damages which to the same Peter in our Same Court here in the afd. action of trespass upon the Case that should be adjudged unto the same Peter he would Satisfy or his body in Execution of Such Judgement To the prison of the sheriff of Somerset County afd. he would Render or that he the said Stephen Horsey would Do the same for him and altho the afd. Peter Hubbard afterwards to wit the afd. Sixteenth Day of March and Year afd. In our Same Court before the afd. Isaac Handy and others His associates Justices of our County Court of Somerset at princess Ann Town afd. and by Consideration of the same Court Recovered against the afd. Samuel Horsey Eight pound Seventeen Shillings and Nine pence Halfpenny Curt Money and two hun -dred and Eleven pounds of Tobacco for his Damages which he sustained as Well by Occasion of the action of Trespass upon the Case afd. for the non performance of a certain promise and assumption to the same Peter by the afd. Samuel Lately made as for his Costs and charges by him about his Suit in that part expen -ded whereof he is Convict as by the Record and proceedings thereof in our Same Court before our Justices at princess Ann Town afd. now Remaining manifestly appeareth Nevertheless the afd. Samuel His bo -dy in Exn of Such Judgement to the afd. prison of the sheriffe of Somerset County afd. he Hath not ren -dred nor the same Samuel the Damages afd. to the afd. Peter hath not Satisfyed as by the Insinuation of the same Peter in our Same Court we have Received and because we are willing that these things with -in our Court afd. Before our Justices afd. are Right acted and acknowledged Ought to be duly Executed we Command you that by Good and Lawfull Men of Your Bailywick you Make known unto the afd. Stephen Horsey that he be and appear before our Justices of our County Court of Somerset to be held at princess Ann Town in and for the County afd. the third tuesday of March Next to shew Cause if any thing for himself to say knoweth wherefore the afd. Peter his Execution against him of the Damages afd. To |
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Volume 543, Page 201 View pdf image |
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