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Somerset County Judicial Records, 1760-1763
Volume 543, Page 201   View pdf image
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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 ef
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

GH    Peter Hubbard

@    His Lordship the Lord propry directed his writt to the sheriff Close in these words Vizt

   Stephen Horsey bail    Frederick absolute Lord and propry of the provinces of Maryland and Avalon Lord Baron

   of Samuel    of Baltimore &c To the sheriff of Somerset County greeting whereas a certain Stephen
Horsey Late of Somerset County planter in our County Court of Somerset at princess Ann Town to wit
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.

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Somerset County Judicial Records, 1760-1763
Volume 543, Page 201   View pdf image
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