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March Court
Ann.o 1728
161 And avalon Lord baron of Baltemore &.c To the Sher of Somrsett Co.ty Greeting whereas Jno Henderson Sen.r late of Coventry Parish in Somrsett Co.ty Planter lately in Our Court (to witt) the Seventeenth day of March Anno Dom One thousand Seven Hundred & twenty three before Jos Gray Gent.m & his associates then Our Justices of our Co.ty Co.t of Somrsett at Dividing Creek by Consideration of the Same Court Recovered against James Feillett Docter of Physick thirteen Hundred pounds of tob.o which to the Same Jno Henderson in Our Same Court & by the discretion of ye then Justices of our Same Court were adjudged for his Costs & Charges which he Sustained for that the afd James Feillett did not prosecute his Writt in a Certain plea of trespass upon ye Case &.a by the Same James against the afd John in Our Same Court Impetrated According to the form of the Statute thereof against Parties Plfts which their Writts in Such Manner of pleas doe not prosecute or in the Same Should be precluded made & provided whereof he is Convict as by the Record & process thereof in Our Same Court residing Manifestly appeareth Nevertheless Execution of the Judgm.t afd as yett remaineth to be made as by the Insinuation of the afd John we have Received & because we are Willing that those things which in our same Court are rightfully Acted Ought to be duely Executed, We Command you that by honest & Lawfull men of your Balywick you Make Known to the afd James that he be before our Justices of our County Court of Somrsett to be held at Dividing Creek ye third tuesday of March Next to Shew Cause if anything for himselfe he hath or to say knoweth wherefore the afd John Execution of the Costs & Charges ^afd^ to have Ought not according to the form of the recovery afd if to him it Seemeth Expedient & have you there the Names of them by whom to him you Make the Same known and this Writt Wittness Saml Hopkins Gent.m Chief Justice &c And now hereat this day (to witt) the third tuesday of March being the Eighteenth day of the Same month ann.o Dom One thousand seven hundred and twenty Eight being the day of the return of the said writt cometh the said John Henderson by his attorney afd and the sherrife made Return that by Thomas Ralph and Hutton Hill honest and Lawfull men of his bailiwick he had made known unto the aforesaid James feillett of his being here at this day to shew in form afd &.c And the afd James feillett altho so before warned the same day being Solemnly Called Cometh not but makes default &.c Therefore it is Considered by the Court here that the afd John Henderson have his Execution against the afd James feillett of the aforesaid one thousand three hundred pounds of tob.o in the Judgm.t afd specified as also two hundred and three pounds of tobo for his Costs and Charges and damages sustained by occasion of delay of Execution of the Judgmt afd according to the form of the Statute thereof in such Case lately made and provided &c
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| Volume 841, Page 161 View pdf image |
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