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March Court
1723
158 Lord Baron of Baltemore his Executors adm.rs or assigns to the which paym.t well and truly to be made I bind me my heirs Executors and adm.rs firmly by these presents in Wittness whereof I have hereunto Sett my hand this first day of 8ber ann Dom 1694. The also pray oyer of the Condition of the writing Obligatory afd and tis Read to them in these words viz.t The Condition of the above Obligation is such that if the above Bound Samuel shall well and truly pay or Cause to be paid unto the Said Lord Baltemore his heirs Ex.rs adm.rs or assigns the Neat quantity of twelve hundred pounds of tobacco as afd Convenient at some Landing place in the Said County then these presents shall be void and of No Effect otherwise to stand in full force & vertue in the Law which being read and heard the said Merrick and Alice say that the afd Lady Baltemore her action afd against them to have and Maintain Ought not because they say that the afd Samuel in his Lifetime the thirtieth day of July One thousand six hundred and Ninty five paid the afd neat quantity of twelve hundred pounds of Tobacco as afd Convenient at a landing place in the County afd of Somersett afd that is to say at a Certain place Called white haven Town on the River of wickacomoco in the Said County unto the afd Lord Baltemore in his Lifetime which to him he Ought o pay according to the form and Effect of the Condition afd and this they are ready to verifie wherefore they pray Judgmt if the afd Lady Baltemore her action afd against them to have & Maintain Ought &c Levin Gale P Deft And the afd Margarett Lady Baltemore saith that she by any thing by the said Merick and Alice his wife above in their plea alledged from haveing her action afd Ought not to be barred because she saith that the above ^said^ Samuel in his Lifetime did not pay unto the afd Lord Baltemore in his Life time ye afd twelve hundred pounds of tobacco at white haven town in wickacomoco River in the said County nor Convenient at a landing place in the County of Somersett afd which to him he Ought to have paid according to the form and Effect of the Condition afd and this she prays may be Enquired of by the Country &c F Allen P Qrte the defts Likewise L Gale P Deft Thereupon Command is given to the Sherriffe of Somersett County that Immediately he Cause to Come here twelve &c by whom &c who Neither &c to recognize &c because as well &c of which said preceipt the said sherr to witt Joseph MccClester Gentl: Now here at this day to witt the seventeenth day of March Ann Dom One thousand seven hundred & twenty three afd makes return that he hath here ready twelve &c as by his said preceipt he was Commanded. And now here afterwards to witt the same day & year Come as well the said plft as the said defts by their attorneys afd and the Jurors of that Jury therein Impannelled being Called Likewise Came to witt Thomas Peal, John Dennis sen. John White Maramsco W.m Holland, Isaac Williams, John Beavins, Will.m Bratton, David Hazard, John Patrick Jun Adam Spence sen Edmond Hough, Will.m Mills, who being duely Elected tryed & sworn to say the truth in the premisses upon their Oath do say that the afd Samuel Worthington in his Life time did not pay unto the afd Lord Baltemore in his Life time the afd twelve hundred pounds of (tobo) |
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Somerset County Judicial Records, 1723-1725
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