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Aprill Court 1723
30 Executors administrators or assignes the Just Sum of One thousand three hundred pounds of tobacco or the value in the Product of this province as sett forth by act of assembly both in Commodities and same to be paid to be paid at Snow hill by the tenth day of November next Ensueing the date hereof in testimony whereof wee have hereunto sett Our hands and seales this 22d of June in the fifth year of Our Dominion Ann Dom One thousand seven hundred and twenty if thee abouf to be payed at Robert Mitchell he also prays the hearing of the Indorsm.t on the Back of the same writeing Obligatory and it is read unto him in these words following viz.t If those be any mistake I will allow but of the Inked Bill Will Robison which being read and heard the said John and Richard say that the afd William his action afd thereupon agt them to have and main^tain^ Ought not because they say that they the said John and Richard did pass the Bill afd to him the said William as securitys for a Certain Francis Harper upon his pretending that the said Francis was Indebted unto him the said William for which the said William then and there Out of his Lordships County Court for Summersett County had sued forth his Certain Original writt of Cap.s against the said Francis for the debt afd by vertue of which the said Francis at the time of the Passing of the Bill afd was in Custody of robert Martin Esq.r then and now sherr of the County afd of Sommersett at Dividing Creek in the said County of Somrsett and the said William then and there at the time of the Passing of the Bill afd did prof promise that he the said William would settle acco.ts with the said Francis and would accept of the Ballance that should appear Justly due and discharge them the said John and Richard of the said Bill upon their paying the said Ballance when reduced to a Certainty by the said William and Francis as by the Indorsment afd may Plainly appear and the afd John and Richard in fact saith that the afd Francis Harper on the day of in the year One thousand seven hundred and twenty afd did at snow hill town in the County of Sommersett afd within the Jurisdiction of this Court tender himself and then and there was ready to acco.t with the said William to reduce the said Ballance to a Certainty and that they the said John and Richard then and there did tender themselves and were ready to satisfie and pay to him the said Will.m the Just Ballance if any should appear to be due to him according to the Contents of the Bill and Indorsment afd which he then and there refused and the said John and Richard further in fact say that they the said John and Richard always were and still are ready to pay unto the said William the Ballance afd when reduced to a Certainty according to the Contents of the Bill and Indorsm.t afd always was and still is ready to acco.t with the said William to reduce the said Ballance to a Certainty and this they are Ready to verifie and Pray Judgm.t if the Said William his action afd against them the said John and Richard thereupon to have and maintain ought &.c Allen P deftes Thereupon the said William Robison by his attorney afd Prays Leave to Imparle hereunto untill the next Court and he hath it and the same day is given to the defts also Att which said next Court to wit the thirtieth day of Aprill Anno Dom one thousand seven hundred and twenty three Come againe the said John and Richard Harper ^by their attorney afd^ But the said William Robison altho' solemnly Called to answer the Plea of the afd John and Richard Harper above in Barr pleaded Comes not but makes default nor is his writt in the Plea afd further Prosecuted against them the said John and Richard Harper Therefore it is Considered by the Justices here the same day and year Last mentioned that the said William Robison and his Pledgs in Presenting be in Mercy &.c and lett (the) |
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Somerset County Judicial Records, 1723-1725
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