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Somerset County Judicial Records, 1723-1725
Volume 839, Page 96b   View pdf image
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       August Court                  1723              96
pounds of tobacco his debt afd as also the sume of three hundred and fifty four pounds of tobacco Costs of Suite
Cost   in the Judgm.t afd specifyed as also the sume of three hundred & Twenty Eight                              pounds
(328)   of tobacco by the Court here adjudged unto him for his Costs and Damages sustained by occasion of Delay of Execution
of the Judgm.t afd &c


F: A:  Benjamin Wailes
                       ag.t
          William Denston Jun
 memorandum the Plft by Francis Allen his attorney sued out his Lordships writt ^of Scirefacias^ against the deft
the tenour of whereof follow^e^th in these words viz.t    Sommersett County ss.t Charles absolute
Lord and Proprietarie of the Provinces of maryland and avalon Lord Baron of Baltemore &c
                                        to the Sherr of Sommersett County Greeting Whereas a Certain Benjamin Wailes of Somersett County
Lately in Our County Court of Somersett on the twenty Eighth day of march in the sixth year of Our Dominion &c  Ann
Dom One thousand seven hundred and twenty the Before the Worshipfull Charles Ballard and his associates Justices
of Our Said Court at Dividing Creek and by Consideration of Our Said Court recovered against a Certain William
Denston Jun.r of Coventry Parish in Somersett County planter as well the sume of four hundred and Ninty pounds
of tobacco a Certain Debt as also the sume of three hundred and sixteen 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 wee will 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 William Denston Jun 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 anything for himselfe he hath or Know^e^th to say why the said Benjamin Wailes
his Execution of the Judgm.t afd against him the Said William Denston according to the form of the recovery afd
he Ought not to have if to him it shall seem mete and have you then and there the Names of those by whom you
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 Sommersett 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 made Known unto the Within Named
William Denston Jun.r that he be and appear before the Justices within Mentioned at the time & place within
Contained to Shew Cause if any he hath or Knoweth to say why the within Named Benjamin Wailes his Execution of
the Judgm.t within mentioned against the said William Denston according to the form of the recovery before
Hugh Porter and John Doe 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 attorney afd prays that the said William Denston to his writt
of Scirefacias afd may answer  But the said William Denston altho' solemnly Called Comes not nor shews
Cause why &c but makes default whereby the said plft remains against the said deft thereof undefended &c
                                                                                                                                     (therefore)


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