Volume 839, Page 40 View pdf image |
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Aprill Court
1723
(40) seven hundred and twenty two Comes againe as well the said Plft as the said deft by their attorneys afd and thereupon the Court adjourns untill the last tuesday of Aprill next being the thirtieth day of the same month Ann Dom One thousand seven hundred and twenty three on which day and year Last mentioned Comes againe the said Parties by their attorneys afd and whereupon the said Alexander Carlyle by his attorney afd his action afd against the said Charles Ballard did not Prosecute with Effect but voluntarily suffered his suite to be discontinued Therefore it is Considered by the Justices here the same day and year Last mentioned that the said Alexander Carlyle and his Pledges in Prosecuting be in Mercy &c and that ye Names of ye said Pledges be sought for &c and that the said Charles Ballard goe thereof without day and also it is Considered by the Justices here that the said Charles Ballard Recover against the said Cost (198) Alexander Carlyle the sum of One hundred & Ninty Eight pounds of tobacco by the Court here adjudged unto him for his Costs and Charges by him about his defence in this Part sustained according to ye form of the statute and that he have thereof his Execution &c
Lord Proprietary of the Court here Present herein Court in his Own Proper Person of a plea that he render unto him his reasonable acco.t of the time that he was receiver for him the said Alexander in Sommersett County afd the tenor of which Bill follows in these words to the Justices of the Right honrble the Lord Proprietary of the County Court here now held for ye County of Somrsett Somrsett County ss Alexander Carlyle by Francis Allen his attorney Complains against Charles Ballard Gent Chief Justice of the County Court of the right honrble the Lord Proprietary Present there in Court in his Own Proper Person of a plea that he render unto him his reasonable acco.t of the time that he was receiver for him ye said Alexander in Somrsett County afd &c for that whereas the said Charles the twentieth day of may Ann Dom One thousand seven hundred and tenn at Stepney Parish in the County of Somrsett afd within the Jurisdiction of this Court had and received of a Certain John Ricketts six Barrells of Pork of the value of fifteen pounds sterlling mony of England on the proper acco.t of the said Alexander Carlyle to be by him the said Charles sold and disposed for the Proper use Benefitt and advantage of the said Alexander and a just and Reasonable acco.t thereof to the said Alexander to render when he should be thereunto requested Nevertheless the said Charles tho' Often required his Just and reasonable acco.t thereof unto the said Alexander as yett hath not rendered but the same to him hitherto to render hath denyed and still doth deny to the damage of the said Alexander of thirty Pounds mony afd and thereupon he Brings Suite &c Allen P Qrte Pledgs deft Jno Doe R Roe And the said Charles Ballard able by Levin Gale his attorney Comes and defends the force and Injury when &c and Prays Leave to Imparle hereunto untill the Next Court and he hath it & the same day (is) |
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Volume 839, Page 40 View pdf image |
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