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June Court 1763 260 Attorney and the Sheriff to witt Ephraim Wilson now here Returned that he had taken the afd. Ezekiell Benson whose body here at this day he had Ready to Answer the afd. John Daugherty of the afd. plea as to him it was Commanded Same day being Solemnly Called to bring the body of the afd. Ezekiell Benson Agreeable to the Return of the writt afd. Thereupon the afd. Sheriff Assigned unto the afd. John Daugherty the Bail bond which he had taken for his Indemnification which the afd. John Daugherty Excepted of and Issued out his Lordships Writt thereon Against the afd. Ezekiell Benston as follows Vizt Command was given to the Sheriff of Somerset County that he Should take Ezekiell Benson Late of Somerset County Planter Otherwise Called Ezekiell Benston of Somerset County if he Should be found in his Bailywick and him Should Safe keep so that he might have his body before the Justices of his Lordships County Court of Somerset to be held at Princes Ann Town the Third Tuesday of March Anno Dom. 1763 to Answer unto John Daugherty Assignee of Ephraim Wilson Sheriff of the County of Somerset According to the form of the Statute in Such Case Lately made and provided of A plea that he Render him Sixteen thousand Pounds of Tobacco which to him he Owes and Unjustly detains and So forth and the Same day is given to the afd. John here &c Att which day here Came the afd. John Daugherty by Saml. Wilson his Attorney afd. and the Sheriff to witt Ephraim Wilson now here Returned that he had taken the afd. Ezekiell Benson whose body here at this day he had Ready to Answer the afd. John Daugherty of the afd. plea as to him it was Commanded And afterwards in the Same Court Came the afd. Ezekiell Benston by Littleton Dennis his Attorney And prays that his Appearance may be taken to the Originall Action of the afd. John Daugherty and is Ready Originall to Give Special Bail to the ^ Action afd And prays that the Capias on the Bail Bond afd may be dismissed &c Thereupon a Certain William Miles of Somerset County Planter present herein Court in his proper person undertook for the Said Ezekiell Benston And Assumed upon himself that if it Should happen that Judgment in the plea afd. Should be Rendred for the Said John Daugherty Against the afd. Ezekiell Benson or that he the Said Ezekiell Should be therein Convict that then he the the Said Ezekiell Should pay and Satisfie unto the afd. John the Judgment of the Court thereupon or Render his body in Execution of Such Judgment to the prison of the Sheriff of the County afd in Satisfaction thereof or that he the Said William Miles will do the Same for him, &c Thereupon the Suit on the Bail bond is Accordingly dismissed &c And the afd. Ezekiell Benston by Littleton Dennis 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. John here also &c Att which day here Came as well the afd. John Daugherty as the afd. Ezekiell Benson by their Attorneys afd. And hereupon the Said Ezekiell as before defends the force and Injury when &c. And Saith that he Cannot deny the Action afd. of the afd. John Daugherty nor but that he did Assume upon himself in Manner and form as the afd. John Above Against him hath Complained and as to the Damage of the Same John by him by Occasion of the Premisses the Same Ezekiell Saith and Acknowledgeth that the afd. John hath Sustained Damages by Occasion of the premisses beyond his Costs and Charges by him about his Suit in that part Apposed to Six pounds four Shillings and four pence Current Money of Maryland and not More and because the afd. John Denys not this but the Same Allegation Grants to be true prays Judgment for those Damages above Acknowledged together with his Costs and Charges afd. to him to be Adjudged &c by Consent of the parties Therefore ^ it is Considered that the afd. John Daugherty Recover Against the afd. Ezekiell Benson his Damages afd. to the afd. Six Pounds four Shillings and four pence Curt. Money by the afd Ezekiell in 388 form afd> Acknowledged as also Pounds of tobacco for his Costs and Charges afd. to the Same John at his Request by the Court now here of the Assent of the parties afd. Adjudged which Certain Damages in the Whole Amount to Six pound four Shillings and four pence Current Money & Pounds of Tobacco and the afd. Ezekiell in Mercy &c |
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Somerset County Judicial Records, 1760-1763
| Volume 543, Page 260b View pdf image |
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