Volume 839, Page 62b View pdf image |
June Court
1723
62 of maryland and avalon Lord Baron of Baltemore &.c to sherr of Sommersett County Greeting Wee Command you that you attach any the goods Chattles Rights or Creditts of a Certain William Martingdale of all hollows Parish in the County of Sommersett Mariner if they shall be found in your Baliwick to the value of thirty pounds mandy 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 Said Court County Court to be held at dividing Creek in Sommersett 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 Certaine Charles Ratcliff Ex.r of the last will and testam.t of of Nathaniel Ratcliff sen dec.d unless the Said William Martindale by himselfe or attorney shall appear and Answer unto the said Charles Ratcliff Ex.r as afd in a plea of trespass upon the Case &.c according to Law and that by good and Lawfull men of your Baliwick 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 goods Chattles rights or Creditts so attached in his her or their hands ought not to be Condemned and Execution thereof had & 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 meett and how you shall Execute this Writt that you make Known unto Our Said Justices at the same day and place afd and have you then and there this Writt Wittness Charles Ballard Gent Chiefe Justice of our Said Court the 3.d day of may in the Eighth year of Our Dominion &.c Ann Dom 1723 (F Allen) Thomas Hayward Clk Att which said third tuesday of June to witt the Eighteenth day of the same month ann Dom one thousand seven hundred and twenty three Being the day of the return of the said Writt Comes the said Charles Ratcliff ^Ex.r of^ by his attorney afd and the sherr of Sommersett County Greeting to whom the foregoeing Writt was directed Likewise Comes and makes return thereof to the Court here Endorst in these words viz.t By vertue of the Within writt to me directed to the Justices I have attached in the hands of the severall Persons in a schedule to this writt annex'd I have allso made Known unto the Said Persons that they be and appear before the Justices within Named at ye Day and Place within Mentioned to shew Cause if any they have whey the said Money so attached in their hands as the goods and Chattles of the said William Martindale should not be Condemned and Execution thereof had and made before John Doe and Rich.d Roe good and Lawfull men of my baliwick as by the within Writt I am Commanded so answers Jos: MccChester sher Laid in the Hands of W.m Woltom 30 Thomas Collins - 30 Rich.d Hudson 30 P Jos: MccChester sher Whereupon the said William Woltom ^Garnishe as afd^ in his Own Proper person appears and Imparls till next Court Likewise The Said Thomas Collins ^Garnishe as afd^ appears in his Own proper person and with Consent of the plfts attorney afd voluntarily takes his Oath that he had none of the Effect of the defts in his hands at the time of the Laying the attachm.t nor at noe time since thereupon the said Thomas Collins Garnishee as afd is discharged &.c Whereupon the said Richard Hudson ^Garnishe of the afd Wm Martindale^ appears in his own proper person and says that he Cannot gainsay but that he has of the rights and Creditts of the said William Martindale to the value of five pounds and Nine pence nor but that the same Ought to be Condemned in his hands for the use of said Charles Ratchcliffe Ex.r as afd as of the rights and Creditts of the said William Martindale which the said plft does not gainsay &.c Whereupon the ^said^ Charles Ratchcliffe Ex.r as afd by his attorney afd (prays) |
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Volume 839, Page 62b View pdf image |
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