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March Court 1763 202 Subtilly to deceive and defraud the said Sum in the said Note mentioned according to the Tenor of the same Note to the said Thomas hath not paid or discharged or him for the same in any Sort hitherto Contented but the same to do hitherto hath refused and Still doth refuse altho the same to do afterwards to wit on the twenty first day of November in the Year of our Lord one thousand Seven hundred and Sixty one at the County afd. and often Since by the said Thomas Required to the damage of the said Thomas in the sum of Ten pounds Current money of Maryland and therefore he brings Suit &c J Doe R Roe pledges of pros. A Copy of the foregoing Declaration was made and Sent to be Served on the Deft. in order for speedy Tryal at which Day here Came the afd. Thomas Jones by his Attorney afd. and sheriff to wit Ephraim Wilson sheriff of the County afd. Now here returned that he had taken the afd. Edmund Willis whose body here at this day he had ready to answer the afd. Thomas Jones of the afd. plea as to him it was commanded and further the same sheriff returned that he had Served the afd. Edmund with a copy of the foregoing declaration ac -cording to act of assembly in Such Case provided &c Whereupon the said Edmund Willis at the prayer of the afd. Thomas Jones is adjudged to give Special Bail to the action afd. Thereupon a certain Wilson Hath present here in Court in his proper person undertook for the said Edmund Wil -lis and assumed upon himself that if it should Happen that Judgement in the plea afd. should be rendred for the said Thomas against the afd. Edmund or that the said Edmund should be therein Convict that then he should pay and Satisfy unto the afd. Thomas the Judgement of the Court thereupon or render his body in Execution of Such Judge the afd -ment to the prison of the sheriff of ^ the same for him And the afd. Edmund by William Hayward his Attorney Comes and Defends the force and injury when and so forth and Says that as to the sum of three pounds part of the Money in the declaration afd. mentioned he did not assume upon himself in manner and form as the afd. Thomas above against him hath Complained and of this he puts himself upon the Country &c And the afd. Edmund by Leave of the Court here and according to the form of the Statute in Such Case made and provided further Comes and Defends the force and injury when and So forth and Saith that he doth not Owe to the said Thomas the afd. Sum of Four pounds or any part there -of in manner and form as the afd. Thomas above against him hath declared and of this he puts himself upon the country &c. And the afd. Edmund by Leave of the Court here and according to the form of the Statute in Such Case made and provided further Comes and Defends the force and injury when and so forth and saith that the afd. Thomas his action afd. against him the afd. Edmund to have and maintain Ought not because he Says that at a Session of assembly begun and held at the City of Annapolis the twenty Sixth day of April in the Year of the Reign of our Late Sovereign Lord George by the Grace of God of Great Britain France and Ireland Late King Defender of the faith &c in the Year of our Lord one thousand Seven hundred and fifteen Amongst other things it was Enacted that all actions of trespass Quare Clausum Fregit, all actions of trespass Detinue, Sur: Trover, or Replevin for taking away Goods or Chattles all actions of account Contract book Debt or upon the Case other than Such accounts as Concern the trade or Merchandize be -tween Merchant and Merchant Their Factors and Servants which are not residents within this pro -vince all actions of Debt for Lending or Contract without Specialty Shall be Sued or brought within three Years ensuing the Cause of Such action and not after as by the said act more fully appears and the same Edmund further Saith that the afd. Thomas Jones his writt afd. the twenty Eight day of December in the Year of our Lord one thousand Seven hundred and Sixty two did obtain which writt in form afd. Obtained was not obtain -ed within three Years insuing the Cause of the said Action and this he is ready to Verify wherefore he prays Judgement if the afd. Thomas his action afd. against him to have or Maintain Ought & So forth And the afd. Edmund by leave of the Court here and according to the form of the Statute in such Case made and provided |
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Somerset County Judicial Records, 1760-1763
| Volume 543, Page 202b View pdf image |
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