Volume 833, Page 36 View pdf image |
36 March Court 1717
and the Said Deft being called came and the Said Plt. by his attry afd prayd that the Said Deft might give Special bale to the afd Accõn which was granted and that he be kept in Safe Custody by the Sherf of Said County untill he Should give Speciall baile as afd After which Richard Simmonds of Said County here in Court Came and acknowledged himselfe as Special baile in the afd Accõn and undertakes for the Said Deft~ the payment of the damages afd and cost thereon accruing if in Case the afd Deft Should be Cast in the Same and the Condemnation Shall not Satisfie nore himselfe to the Custody of the Sherf of Said County or that the afd Richard Simmonds the body of the . Said Deft~. Shall not render &ca. And the afd Deft by Michael Howard his attry appears to the afd Accon And rule is by the Court given to file a plea to the afd Accõn by the Twentieth day of March in Court time otherwise Judgment to be rendered for want thereof But the afd Deft by his attry put in a plea to the afd Accõn which folls vizt. And the afd Deft by Johnson his attry comes and defends the force and injury when &ca. and Saith that as to ye first promise in the Plts above Decln menconed he Saith that he did not assume upon himselfe in that manner and forme as the Plt~ hath in his above Declaration imposed upon him and of this he puts himselfe upon the Country Johnson pr Deft~ And the Plt~ in like manner TBowne pr Querr Thereupon Command was given to the Sherf of Kent County that he immedi: :ately cause to come here Twelve &ca. By whome &ca. Who neither &ca. To Recognize &ca. Because as well &ca And the Sherf. of Said County comes and Saith that he hath ready Twelve as Commanded who being called came vizt. William Graves Robert Parks George Reed John Walls John Clarke Nathl. Pearce Hance Hanson John Cleaver Joseph Everitt George Wethersly Edward Cosesn William Debruler which Jury being duely Elected - tryd and Sworn and having heard the pleadings Evidences and allegations on both Sides do withdraw and after Some time do againe return to the barr and being called over as also the Plt~. and Deft~ do all appear And the Jury being asked whether they are agreed on a verdict or not do Say they are agreed on a verdict and being Demanded whether they find for the Plt~. or Deft~ do Say they find for the Plt. and that the Deft did assume upon himselfe in manner & forme as the afd Plt~. in the first assumption in the above Declaration Sett . forth and find Damges the Sume of Three Thousand Eight hundred Sixty Eight pounds |
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Volume 833, Page 36 View pdf image |
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