| Volume 543, Page 241b View pdf image |
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June Court 1763 241 to be held at princess Ann Town the third tuesday of March Anno Dom. one thousand seven hundred & sixty three to answer unto Elgit Hitch & Thos. Stanford of a plea that she render unto them the sum of one hundred pounds Sterling money of Great Britain which to them she owes and unjustly detains &c and the same day is given to the afsd: Elgat & Thomas here &c And hereupon the afd Elgit Hitch & Thomas Stanford declared against the afsd Martha Bird in the plea afsd: in form following Somerset fst Martha Bird late of Somerset County Spinster otherwise called Martha Bird of the same County was Summoned to answer unto Elgit Hitch & Thomas Stanford of a plea that she render unto them the sum of one hundred pounds Sterling money of Great Britain which to them she owes and unjustly detains and So forth And Whereupon the said Elgit and Thomas By William Hayward their Attorney Say that whereas the said Martha the sixteenth day of September in the year of our Lord one thousand seven the hundred sixty and Two at Somerset County afsd: by her Certain writing obligatory which they ^ said Elgit & Thomas with the seal of the said Martha Sealed here into Court do bring the date whereof is the same day and year afsd: did acknowledge herself 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 she should by them the said Elgit & Thomas be thereunto afterwards requested yet the said Martha tho Often requested the afsd: Sum of One hun -dred pounds Sterling money of Great Britain to the said Elgit & 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 they bring Suit and So Forth pledges &c J Doe pled & ges R Roe A Copy of the foregoing declaration was made & sent to be served on the defendant in order for spee -dy Tryall Att which day here came the afsd: Elgit Hitch & Thomas Stanford by their Attorney afsd: And the sheriff to wit Ephraim Wilson now here returned that he had taken the afsd: Martha Bird whose body here at this day he had ready to answer the afsd: Elgat & Thomas of the plea afsd: as to him it was commanded &c And further the same sheriff returned that he had Served the afsd: Martha Bird with a copy of the foregoing declaration according to act of assembly in such Case provided &c Whereupon at the prayer of the afsd: Elgit Hitch & Thomas Stanford the afsd: Martha Bird is adjudged to give special Bail to the action aforesaid Thereupon a certain Richard Waller of Somerset County present here in court in his proper person undertook for the said Martha Bird and assumed upon himself that if it should happen that Judgement in the plea afsd: should be rendred for the said Elgit Hitch & Thomas Stanford against the afsd: Martha Bird or that the said Martha should be therein convict that then she the said Martha should Pay and Satisfy unto the afsd: Elgat & Thomas the Judgement of the Court thereup -on or render her body in Execution of such Judgement to the prison of the sheriff of the county afsd in satisfaction thereof or that he the said Richard Waller will do the same for her &c And the afsd: Martha Bird by George Hayward her Attorney comes and defends the force and injury when &c and prays leave thereof to Imparle here untill next Court To be held at princess Ann Town the third tuesday of June then next following & she hath it and the same day is given to the afsd: Elgat Hitch & Thomas Stanford here also &c Att which day here came As well the afsd: Elgat Hitch & Thomas Stanford as the afsd: Martha Bird by their Attorneys afsd: and hereupon the afsd: Martha as before defends the force and injury when &c and says that she cannot deny the action afsd: of the afsd Elgat Hitch and Thomas Stanford (nor but that the writing obligatory afsd: is the deed of her the said Martha Bird) nor but that she owes the afsd: Elgat & Thomas the afsd: one hundred pounds Sterling in manner & form as the afsd: Elgat & Thomas above against her have declared Therefore it is considered that the afsd: Elgat Hitch & Thomas Stanford recover against the afsd: Martha Bird their debt afsd: and their damages by occasiono of the detention of that same Debt to 295 pounds of Tobacco to the same Elgat & Thomas of their assent by the court here adjudged & the afsd Martha in Mercy &c |
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| Volume 543, Page 241b View pdf image |
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