Volume 840, Page 237b View pdf image |
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March Court
1726
237
A Copy of the foregoeing decl.n & acc.o were made & sent to be served on ye afd W.m Porter with the writt in the plea afd &c Att which said third tuesday of March to wit ye twenty first day of ye return of ye sd writt Cometh & maketh ye afd Jos: MccClester by his attorney afd & ye sherr of Somrsett County to whome the foregoeing writ was Directed Likewise Cometh and maketh Return thereof to the Court here Endorsed in these words following vizt Cepi Corpus decl.n Delivered in time p me Fran Allen sherr And the said W.m Porter being present here in Court is at the prayer of the plfts attry afd adjudged to give Speciall Bail to the action afd thereup a Certain Jno Williams of the County afd planter present herein Court undertakes for the said W.m Porter that if in Case ye afd Jos: MccClester shall Recover Judgment in the plea afd against the afd W.m Porter or yt ye sd W.m Porter shall be therein Convict that then he the said William Porter Shall pay ye Condemnation of the Court thereupon or render his Body to the Costody of a Certain of the sherr of Somrsett County in Satisfaction thereof or that he ye sd Jno Williams will do it for him &c Whereupon the afd W.m Porter in his own proper person Comes and Defends ye force & Injury when &c & saith that he Cannot gainsay ye action afd nor but yt he did assume upon himselfe in manner & forme as the afd Jos: MccClester above against him hath Complained nor Can he say but y.t the afd Jos: MccClester hath sustained damage by occasion of ye non performance of his promise and assumption afd ^too^ one thousand one hundred and thirty three pd.s of tob.o and the same declaration in all the words before Expresly Confesseth Therefore it is Considered that ye said Jos: MccClester Recover against ye afd Will.m Porter as well the sum of one thousand one hundred & thirty three pd.s of tob.o his damages afd by him in his declaration above supposed as also the sum of three hundred and Twenty one 321 pd.s of tob.o for his Costs and Charges by him about his suite in yt part Expanded to ye same Jos: by ye Court hereof his assent adjudged & ye afd Deft in Mercy &c |
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Volume 840, Page 237b View pdf image |
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