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Somerset County Judicial Records, 1723-1725
Volume 839, Page 131   View pdf image
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    November Court       1723               131
Ann.o Dom One thousand seven hundred and twenty three Comes againe the said Robert Martin by his attorney
afd and prays that the said Peter Colloway to his declaration in the plea afd may answer but the said Peter
Colloway altho' solemnly Called Comes not but makes default &c whereby the said plft remains against the
said defend.t thereof wholly undefended
       But because it is unknown unto his Lordships Justices here what Damages the said Robert Martin hath
       sustained by occasion of the premisses afd      Thereupon the Justices here at the prayer of the afd Robert
       and according to act of assembly he Do assess the damages of the said Robert by occasion of the premisses afd
       beyond his Costs and Charges to Eleven hundred and thirty six pounds of tobacco

                   Therefore it is Considered by the Justices here the same day and year Last mentioned that the said Robert
    Martin Recover against the said Peter Colloway as well the sum of Eleven hundred and thirty six pounds of
(302)   tobacco Certain damages afd in form afd assesed as also the sum of Three hundred & Two
    pounds of tobacco by the Court here adjudged unto him for his Costs and Charges by him about his suite in this
    Behalfe Laid Out and Exended & the defend.t in mercy &c


Charles Ratcliff Exr
of Nat Ratcliffe
             agt
William Waltom Garnishee
of W.m Martindale
 memorand.m the plft by Francis Allen his attorny Sued Out his Lordships writt
of attachm.t against ye deft the tenour whereof follows in these words vizt

Somersett County fs:  Charles absolute Lord and proprietary of the provinces
of maryland and avalon Lord Baron of Baltemore &c  To the Sherr of Somersett
       County Greeting wee Command you that you attach any the goods Chattles Rights or Creditts of a Certain
       William Martindale of alhollows parish in the County of Somersett Mariner if they shall be found in
       your Bailiwick to the value of thirty pounds mony and when you have the same so 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 in Somersett County afd the third tuesday of June next
       then and there to be Condemned according to act of assembly to and for the Use of a Certain Charles Ratcliffe
       Ex.r of the Last will and testament of Nathaniell Ratcliffe sen dec.d unless the said William Martindale
       by himselfe or attorney appear and answer unto the said Charles Ratcliffe Exr as afd in a plea
       of trespass upon the Case &c according to Law and that by Good & Lawfull men of our Bailywick you
       make Known unto the person or persons in whose hands you make the same attachm.t that he she or
       they be and appear before the Justices of Our Said Court to be held as afd to shew Cause if any he she or
       they have why the same Good 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 & provided
       if to him her or them it shall seem meet and how you shall Execute this Writt Wittness that you make
       Known unto Our Said Justices at ye same day and place afd and have you then & there this Writt Witness
       Charles Ballard Gentl: Chief Justice of Our Said Court the 3.d day of may in ye Eighth Year of Our Dominion
       &c Ann Dom                1723            (F Allen)                                         Thomas Hayward Clk
                                                                                                                                                                (Att)


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Somerset County Judicial Records, 1723-1725
Volume 839, Page 131   View pdf image
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