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Somerset County Judicial Records, 1760-1763
Volume 543, Page 208   View pdf image
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   March Court            1763              208
Samuel Jackson Baily Dr &NBSP;&NBSP; Sterling

March 1763 To money paid in the Land office for you    £37..8..3    By 113 Dollars    @ 4/6 £25..8..6
           Saveing Errors pr Joseph Collins
   By 10 1/2 Pistoles @ 16/6    8..13..3

  34..1..9
   Ball. Due is Sterling    3..6..6

£37..8..3
1762 Augt 7th Then came before me the subscriber one of his Lordships Justices for the county
of Worcester the afd Joseph Collins & proved the above acct according to Law before    Benj. Handy
A Copy of the foregoing declaration was made & Sent To be served on the deft in order for speedy Tryal
Att which day here came the afd Joseph Collins by Littleton Dennis his Attorney and the sheriff to witt
Ephraim Wilson now here returned that he had Taken the afd Samuel Jackson Bailey whose body here at
this day he had Ready to answer the afd the afd Joseph Collins of the afd plea as to him it was commanded and
further the same sheriff returned that he had served the afd Samuel Jackson with a Copy of the foregoing declarati
-on according to act of assembly in Such Case provided &c
Whereupon at the prayer of the afd Joseph Collins the afd Samuel Jackson Bailey is adjudged to give special bail
To the action afd. Thereupon a certain Stephen Bailey present here in Court in his proper person undertook
For the said Samuel Jackson & assumed upon himself that if it should Happen that Judgement in the plea
afd should be rendred for the said Joseph Collins against the said Said Samuel Jackson Bailey or that the said
Samuel Jackson should be therein Convict that then he the said Samuel Jackson should pay & satisfy
unto the afd Joseph Collins the Judgement of the court thereupon or render his body in Execution of
                                                                                           afd
Such Judgement To the prison of the sheriff of Somerset County ^ in Satisfaction thereof or that he the
said Stephen Bailey will do the Same for him & So forth
And the afd Samuel Jackson Baily by William Hayward his Attorney comes and defends the force and in
-jury when &c and Says that he did not assume upon himself in manner and form as the afd Joseph above
against him hath complained and of this he puts himself upon the country &c & the afd Joseph in like manner
Thereupon it is commanded the sheriff of Somerset County that he should cause to come before the Justices of
his Lordships County county court of Somerset at the Next Court to be held at princess Ann Town the third
tuesday of March then next following Twelve &c. by whom &c and who neither &c To Recognize &c because as
well &c and the same day is given to the parties afd Here &c
Att which day here came as well the afd Joseph Collins as the afd Samuel Jackson Baily by their Attor
-neys afd & the sheriff to witt Ephraim Wilson now here returned the af writt of Venire facias and the
names of the Jurors in all things Served & Executed and the Jurors of that Jury thereof Impannelled
being called to witt William Skervin John Piper, Robert Elzey, William Turpin, Elias White,
Aaron Sterling, Thomas Handy, John Anderson, Joshua Hitch, Jonathan Tull, Nehemiah
Bozman & William Roberts Came who to Say the truth of the premisses being Elected tryed
and Sworn upon their Oath Say that the afd Samuel Jackson Baily did assume upon himself in
manner and form as the afd Joseph Collins above against him hath complained and assessed the dama
-ges of the said Joseph by occasion of the non performance of the promise and assumption afd beyond his
Costs and charges by him about his Suit in that part Opposed to three pounds Ten shillings & five
pence three farthings Sterling money of Great Britain & for those Costs and Charges To one pound of to
1833    -bacco
Therefore it is considered that the afd Joseph Collins Recover against the afd Samuel Jackson Bailey his
damages afd by the Jurors afd in form afd assessed as also
1834       pounds of Tobacco for his costs & charges afd To the same Joseph by the court here of his assent of Increase
                                                                                                                                        three farthings
adjudged which certain Damages in the whole amount to three pounds ten shillings & five pence ^ Ster
-ling money of Great Britain &
                                                        pounds of Tobacco & the afd Samuel Jackson in mercy &c

James                               



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Somerset County Judicial Records, 1760-1763
Volume 543, Page 208   View pdf image
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