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Somerset County Judicial Records, 1760-1763
Volume 543, Page 241   View pdf image
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June Court            1763            241
The said James the sixteenth day of September in the year of our Lord one thousand Seven
Hundred sixty and two at Somerset County afsd by his certain writing Obligatory which they
the said Elgit and Thomas with the seal of the said James sealed here into Court do bring
the date whereof is the same day and year afsd: did acknowledge himself to be held and
firmly bound unto the Said Elgit and Thomas in the sum of one hundred pounds Sterling
money of Great Britain to be paid unto the said Elgit and Thomas when he the said James
by them the said Elgit and Thomas should be thereunto afterwards requested yet the said
James tho often required the afsd: one hundred pounds Sterling money of Great Britain to
the said Elgit and Thomas hath not rendred but the same to them hitherto to Render hath
denyed and still doth deny and unjustly detain Wherefore the said Elgit and Thomas say
they are worse and have damage To the Value of one hundred pounds Sterling money
of Great Britain and thereof the Bring Suit and So Forth    pledges &c J Doe & R Roe
A Copy of the foregoing decl. was made & Sent to be Served on the deft. in order for Speedy Tryall
Att which day here came the afsd: Elgit Hitch & Thomas Stanford by their Attorney afsd and
the sheriffe to wit Ephraim Wilson now here returned that he had taken the afsd: James Cald
-well whose body here at this day he had ready to answer the afsd: Elgit & Thomas of the afsd: plea
as to him it was commanded & further the same sheriff returned that he had served the afsd: James
Caldwell with a copy of the Foregoing declaration according act of assembly in such case provi
-ded &c         Whereupon at the prayer of the afsd Elgat Hitch & Thos. Stanford the afsd: James
Caldwell is adjudged to give special Bail to the action afsd:
Thereupon a certain Richard Waller of Somerset County present here in court in his proper
person undertook for the said James Caldwell and assumed upon himself that if it should
happen that Judgement in the plea afsd: should be rendred for the afsd Elgat Hitch & Thos. Stan
-ford against the afsd: James Caldwell or that he the said James should be therein convict that
then he the said James should pay and Satisfy unto the afsd: Elgat & Thomas the Judgment
of the court thereupon or render his body in Execution of Such Judgment to the prison of the
sheriffe of the county afsd: in satisfaction thereof or that he the said Richard Waller will do the
same for him &c    And the afd. James Caldwell by George Hayward his Attorney Comes
And defends the force and Injury when &c. And Prays Leave thereof to Imparle here untill
Next Court to be held at Princes Ann Town the third Tuesday of June then next following and he hath it and
the Same day is Given to the afd. Elgat and Thomas here also &c
Att which day here came the parties afsd: by their Attorneys afsd: and hereupon the afsd: James
                                                                  afd.
Caldwell by George Hayward his Attorney ^ comes and defends the force and injury when &c and
says that he cannot deny the action afsd: of the afsd: Elgit Hitch & Thomas Stanford nor
(but that the writing obligatory afsd: is the deed of him the said James Caldwell) nor but that he
                                                                                                Sterling
Owes the afsd Hitch and Stanford the afsd: one hundred pounds ^ in manner and form as the afsd:
Hitch & Stanford above against him have declared         Therefore it is considered that the afsd
Elgat         Thomas
^ Hitch & ^ Stanford Recover against the afsd: James Caldwell their debt afd: and their Damages by
Occasion of the detention of that Same Debt to
295                                                    pounds of Tobacco to the same Hitch & Stanford of their asent
by the court here adjudged & the afsd: James in Mercy &c

WH SW    The Same    Command was given to the sheriff of Somerset County that he should take

 vs    Martha Bird Late of Somerset County Spinster otherwise called Martha Bird
GH    Martha Bird    of the same County if she should be found in his Bailywick & her should
safe keep so that he might have her body before the Justices of his Lordships County Court of Somerset

to   



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Somerset County Judicial Records, 1760-1763
Volume 543, Page 241   View pdf image
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