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Somerset County Judicial Records, 1725-1727
Volume 840, Page 242b   View pdf image
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                 March Court      1726             242

       Att which said third tuesday of march then nextto witt ye twenty first day of the same
month anno Dom one thousand seven hundred & twenty six being the day of the return
of the said Writt Cometh the afd Jos: MaClester by his attry afd & the Sher of Somrsett Co.ty
to whome the foregoing Writt was Directed Likewise Cometh & Maketh return thereof
to ye Court here Endorsed in these Words Following vizt    Cepi Corpus Decl Delivered
                                                                      in time p me Francis Allen Sher

       And the said Michael Holland ^being^ present here in Court is at ye prayer of the Plfts attry
afd adjudged to give Special Bail to ye action afd thereupon a Certain James Dickenson
Late of Somrsett County Planter undertakes for the afd said Michael Holland yt if
in Case ye afd Jos: MaClester shall recover Judgm.t in ye plea afd against ye afd Michaell
Holland or yt he ye said Michael Holland Shall be therein Convict yt then he is ye said Michael
Holland Shall be to pay the Condemnation of the Court thereupon or render his Body
to ye Custody of ye Sher of Somrsett County in Satisfaction thereof or yt he ye said James
Dickenson will do it for him &a

       Whereupon the afd Michael Holland in his own proper person Comes & Defends the force
& Injury when &a & saith yt he Cannot gainsay ye action afd nor but yt he did assume
upon himselfe in manner & forme as ye afd Jos: MaClester ^above of him hath Complained nor Can he say but that the afd Joseph MaClester^ hath sustained Dam
by occasion of ye Nonperformance of his promisse & assumption afd too six hundred
& sixty five pd.s of tob.o & the same Decl.n in all ye words before Expressly
Confesseth &a                              Therefore it is Considered yt ye said Jos: MaClester
Recover against ye afd Michael Holland as well ye sum of six hundred & Sixty
five pd.s of Tob.o his Damages afd by him in his Decl.n above supposed as also ye
321   sum of three hundred & Twenty one                    pounds of Tob.o for his Costs
& Charges by him about his suite in yt part Expended to the same Joseph by ye
Court here of his assent adjudged and the afd Deft in Mercy &z


LG  The Same
             @
    James Russell
 Command was given to the Sher of Somrsett County yt he Should Take Jams
Russell Late of Somrsett County Planter if he should be found in
his Bailywick & him should safe Keep so yt he might have his body
       Before the Justices of his Lordships County ^Court^ of Somrsett to be held at Dividing
Creek the third tuesday of march then Nextto answer unto Jos: MaClester of a plea
of Trespass upon the Case &a  and that thereof he should not fail &a  And ye afd
Jos: MaClester by Levin Gale his attry Declared against ye afd James Russell in ye
plea afd as followeth vizt                              Somrsett fs   James Russell Late of
Somrsett County Planter was attached to answer unto Jos: MaClester of a plea of Trespass
upon the Case &a      And whereupon ye same Jos: by Levin Gale his attry Complaines
yt whereas the afd James the tenth day of Novem.r anno Dom one thousand Seven
hundred & twenty Six was Indebted to ye afd Jos: in the sum of eight hundred & sixty
three p.ds of Tob.o as by acc.t herewith in Court produced may appear & so thereof being
Indebted the said James in Consideration thereof afterwards to witt ye same day &
year afd at ye County afd & with in the afd Jur upon himselfe assumed & to the said
Jos: then & there faithfully promissed yt he when afterwards he should be thereto requested
he ye afd sum of eight hundred & sixty three p.ds of Tob.o to the same Jos: woud
well & faithfully Content & pay Nevertheless ye sd James his promisse & assumption
                                                                                                                   (afd)


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Somerset County Judicial Records, 1725-1727
Volume 840, Page 242b   View pdf image
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