Volume 840, Page 136 View pdf image |
June
Court 1726
136 whereupon the afd Patrick Daley in his Own Proper person appears and thereupon the said Patrick Daley at the Prayer of the Plfts attorney afd is adjudged to give Speciall Bail to the action afd but for want thereof the Said Patrick Daley is Committed into the Custody of the Sherr of Somersett County there to remain &c.a the Said Sherr to witt ^Francis Allen Gent^ Present herein Court took Charge of the said Patrick Daley accordingly; afterwards in the Same Court Came a Certain Richard Plunkett of Somersett County Planter and undertakes for the Said Patrick Daley that if in Case the Said Joseph MccClester Shall Recover Judgm.t in the Plea afd against the said Patrick Daley or that the said Patrick Daley Shall be therein Convict that then he the Said Patrick Daley shall pay the Condemnation of the Court ^thereupon^ or Render his body to the Custody of the Sherr of Somersett County in Satisfaction thereof or that he the Said Richard Plunkett will do it for him &c thereupon the Said Patrick Daley is discharged from Out of Custody of the Sherr of Somersett County for ye Cause afd &c Whereupon the Said Patrick Daley in his Own proper person Cometh and defendeth the force and Injury when &c and Says that he Cannot gainsay the Plft his action afd so as afd against him brought nor Can he Say but that the Said Joseph Ought to recover his damages by Occasion of the Non performance of the promise and assumption afd to Seven hundred and twenty Eight pounds of tobo and Costs of Suite against him which the said Plft does not gainsay Therefore it is Considered by the Justices here the twenty first day of June ann Dom One thousand Seven hundred and twenty Six that the afd Joseph MccClester Recover against the afd Patrick Daley as well the Sum of Seven hundred and twenty Eight pounds of tobo his damages 320 afd in form afd Confessed as also the Sum of three hundred & twenty pounds of tob.o by the Court here adjudged unto him for his Costs and Charges by him about his Suite in this behalfe Laid Out and Expended and ye afd Deft in Mercy &c
attorney Complains that whereas the said Thomas the tenth day of December one thousand seven hundred and twenty five at the County afd within the Jurisdiction of this Court was Indebted to the Same Joseph in the Sum of Six hundred and two pounds of tobacco as by acco.t here within Court produced may appear and so thereof being Indebted the Said Thomas in Consideration thereof afterwards to witt the Same day and year afd at the County afd within the afd Jurisdiction upon himselfe assumed and to the Same Joseph then and there faithfully promised that he when afterwards he Should be therto Required he the afd Sum of Six hundred and two pounds of tobo |
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Volume 840, Page 136 View pdf image |
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