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August Court 1723
100 now in Somersett County merch.t if they shall be found in your Bailiwick and to the value of four pound and five hundred pounds of tobacco and when you have the same attached or any part thereof the same in your Custody safe Keep so that you have the same Before the Justices of Our County Court to be held at Dividing Creek the third tuesday of august next then and there to be Condemned according to act of assembly to and for the use of a Certain Benjamin Cottman unless the said Thomas Maddocks by himselfe or his attorney shall appear and answer unto the said Benjamin Cottman in a plea of trespass upon the Case &.c according to Law and that by good and Lawfull men of your Bailiwick you make Known unto the person or persons in whose hands you make the same attachment that he she or they be and appear before the Justices within mentioned of our said Court to be held as afd to shew Cause if any he she or they have why the same goods Chattles rights or Creditts so attached in his her or their hands Ought not to be Condemned and Execution thereof had and made according to the form of the act of assembly in that Case made and provided if to him her or them it shall seem mete and how you shall Execute this writt that you make Known unto Our Said Justices at the day and place afd and have you then and there this Writt Wittness Charles Ballard Gentl Cheif Justice of Our Said Court the 19.th day of June in the Eight year of Our Dominion &.c ann Dom 1723 (G Dasheil) Thomas Hayward Clk Att which said third tuesday of august to witt the twentieth day of the same month ann Dom One thousand seven hundred and twenty three Being the day of the return of the said Writt Cometh the said Benj.a Cottman by his attorney afd and the Sherr of Somersett County to whom the foregoeing Writt was directed Likewise Cometh and maketh return thereof to the Court here Endorsed in these words following viz.t By vertue of the within Writt to me directed to the Justices within Mentioned I Certifie that I have attached as the goods and Chattles rights or Creditts of the Within Named Thomas Maddocks in the hands of John Elzey the sume of four pounds Curr.t money and five hundred pounds of tobacco and I further Certifie that I have given Notice unto the said John Elsey that he be and appear before the Justices within mentioned at the time and place within Contained to shew Cause if any he have whey the same should not be Condemned in his hands towards satisfying of the within Names Benjamin Cottman his Damages and Cost against him recovered Before Hugh Porter and John Doe good and Lawfull men of my Bailiwick as by the within Writt I am Commanded so answers Joseph MccClester Sherr Whereupon the said John Elzey Garnishee of the afd Thomas Maddocks appears in his Own proper person and says that he Cannot Gainsay but that he has of the rights and Creditts of the said Thomas Maddocks to the value of three hundred and forty Eight pence to be paid in Corn nor but the same Ought to be Condemned in his hands for the use of the said Benjamin Cottman as of the rights and Creditts of the said Thomas Maddocks which the said plft does not Gainsay Whereupon the said Benjamin Cottman by his attorney afd prays that the sume afd of so as afd Confesed by the afd John Elzey as of the rights and Creditts of the said Thomas Maddocks may be Condemned in the hands of the said John Elzey towards satisfying unto the said Benjamin Cottman as well the sume (of) |
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Somerset County Judicial Records, 1723-1725
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