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November Court
1725
77 attorney afd and the Sherr of Somersett County to whom the foreging Writt was directed Likewise Cometh and maketh return thereof to the Court here Endorsed in these words following vizt Decln served in time & Cepi Corpus P Fran Allen sher Whereupon the said Colebourn Tayler and Mary his wife being Called appears and thereupon the said Colebourn Taylor and Mary his wife at the prayer of the Plfts attorney afd is adjudged to give speciall bail to the action afd thereupon a Certain John White of Marumsco of Somersett County Planter present herein Court undertakes for the said Colebourn Tayler and Mary his wife that if in Case the Said Joseph Maccllester shall recover Judgm.t in the plea afd against the said Colebourn Tayler ^& Mary his wife^ or that ye said Colebourn Tayler ^and Mary his wife^ shall be therein Convict that then the said Colebourn Tayler and Mary his wife shall pay the Condemnation of the Court or render their Bodys to the prison of the Sherr of Somersett County in satisfaction thereof or that he the said John White Will do it for them Whereupon the said Colebourn Taylor and Mary his wife in their proper persons Come and defend the force and Injury when &c and say that they Cannot gainsay the plft his action also as afd against them brought nor Can they say but that the said Joseph McClester Ought to recover his damages by occasion of the premisses afd but because it is not Known what damages the Said Joseph Macclester hath sustained by Occasion of the premises thereupon the Justices according to act of assembly in such Case ^made &^ provided at the prayer of the afd Plft and by the Consent of the same defts do assess the damages of the same Plft besides his Costs and Charges to the sum of one thousand five hundred and forty three pounds of tobo Therefore it is Considered by the Justices here the Sixteenth day of Novem Ann.o Dom One thousand seven hundred and twenty five that the aforesaid Joseph Macclester Recover against the afd Colebourn Tayler and Mary his wife the Sum of One thousand five hundred and forty three pounds of tobo Certain Damages afd in form afd by the Justices assessed as also 335 the sum of three hundred and thirty five pounds of tob.o by the Court here adjudged unto him for his Costs and Charges by him about his suite Expended and the afd defts in Mercy &c
Complains that whereas the Said Alexander the thirtieth day of Novem anno Dom One thousand seven hundred and twenty four at Somersett County afd within the Jurisdiction of this Court was Indebted unto the said Joseph in Nine hundred and twenty Six pounds of tobacco for Levies Sherr fees fees and Publick dues to the said Joseph then and there due Owe and unpaid as by an acco.t thereof hereunto annexed may in Court appear and being so thereof Indebted the said Alexander in Consideration thereof afterwards to witt the day and year afd at the place afd upon himselfe did assume & to the said ^Joseph^ then and there did faithfully promise that he the said Alexander the afd Nine hundred and Twenty six pounds of tobacco to the said Joseph when he Should be afterwards thereunto Requested he would well and faithfully pay and Content Nevertheless the said Alexander his promise and assumption afd in form afd made Little Regarding but Protting and fraudulently Intending the said Joseph in that part Craftilly and Subtilly to deceive and defraud the afd Nine hundred |
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Somerset County Judicial Records, 1725-1727
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