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Somerset County Judicial Records, 1723-1725
Volume 839, Page 96   View pdf image
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       August Court                  1723            96
F A:  Benjamin Wailes
                 agt
         John Fleetwood
 memorandum the plft by Francis Allen his attorney sued out his Lordships writt of
Scirefacias against the defendent the tenour whereof followeth in these words vizt
Somersett County ss.t  Charles absolute Lord and proprietary of the Provinces of Maryland
and avalon Lord Baron of Baltemore &c   To the Sherr of Somersett County Greeting Whereas a Certain Benjamin
Wailes lately in the County Court of Somersett on the Eighteenth day of Aprill in the Seventh Year of Our Dominion &c
Ann Dom One thousand seven hundred and twenty two Before the Worshipfull Charles Ballard and his associats
then Justices of Our Said Court (at dividing Creek) and by Consideration of Our Said Court recovered against a Certain
John Fleetwood of stepney parish in Somersett County planter as well the sume of two thousand Eight hundred
and sixty four pounds of tobacco a Certain Debt as also the sume of three hundred and fifty four pounds of
tobacco Costs of Suite whereof he is Convict as by the record and process thereof in Our Said Court remaining
manifestly appears and for as much as Execution remaineth thereupon as yett to be done and because well that
those things which in Our Said Court are rightly done and acknowledged should be Brought to a due Execution
Command you that by good and Lawfull men of your Bailiwick you make Known unto the said John Fleettwood
that he be and appear before the Justices of Our County Court to be held at Dividing Creek in Somersett County afd
the third tuesday of August next to shew Cause if any thing for himselfe he hath or Knoweth to say why
the said Benjamin Wailes his Execution of the Judgm.t afd against him the said John Fleetwood according to the
form of the recovery afd he ought not to have if to him it shall seem mete and have you then & there the
Names of these by whom you make the same Known and this Writt Wittness Charles Ballard Gentl Cheife
Justice of Our Said Court the Ninteenth day of June in the Eighth year of Our Dominion &c ann Dom 1723
                                                                 (F Allen)                                       Thomas Hayward Clk
       Att which said third tuesday of august to witt the twentieth day of the same month ann Dom One
thousand seven hundred and twenty three Being the day of the return of the said Writt Cometh the Said
Benjamin Wailes by his attorney afd and the sherr of Somersett County to whom the foregoeing Writt was
directed Likewise Cometh and maketh return thereof to the Court here Endorst in these words following vizt
          By vertue of the within writt to me directed to the Justices within Mentioned I Certifie that I have
Given Notice to the within Named John Fleetwood that he be and appear at the time and place within
Contained to Shew Cause if any he have why the within Mentioned Benjamin Wailes shall not have his
Execution against him for the Debt and Costs within Contained according to the form of the recovery if to him
it shall seem mete Before Abraham Ingram and Samuel Oliver good and Lawfull men of my Bailiwick
as by the within Writt I am Commanded so answers Joseph Macclester Sherr
                Whereupon the said Benjamin Wailes by his app attorney afd prays that the said John Fleetwood
to his writt of Scirefacias afd may answer But the said John Fleetwood altho' solemnly Called Comes not
nor shews Cause why &c but makes default whereby the said plft remains against the said deft thereof
undefended
                                              Therefore it is Considered by the Justices here the twentieth day of August
ann Dom One thousand seven hundred and twenty three afd that the said Benjamin Wailes have
his Execution against the said John Fleetwood for as well the sume of two thousand Eight hundred
                                                                                                                                  (pounds)


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Somerset County Judicial Records, 1723-1725
Volume 839, Page 96   View pdf image
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