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March Court 1729
252 Att which said Next Court to witt the Eighteenth day of November anno Dom One thousand seven hundred and Twenty Nine Came againe as well the afd Philip Russell as the afd James Shirley by their attorney afd and Whereupon the afd James shirley by his said attorney prays further Leave to Imparle hereunto untill the next Court and he hath it and the same day is Given to the afd Plft here also &.c Att which Said Next Court to witt the Seventeenth day of March One thousand Seven hundred and Twenty Nine Came againe as well the afd Philip Russell as the afd James Shirley by their attorneys afd and whereupon the aforesaid James Shirly by his Said attorney prays that the afd Philip Russell may Give Security for Costs in Case nonsuit be Obtained against him in the plea aforesaid which is granted by the Court Granted thereupon a Certain John Donelson of Somersett County Gent.m Present here in Court undertakes for the said Philip Russell that in Case he be nonsuited in the plea aforesaid or Otherwise Legally Cast that then the said Philip Russell shall pay the Condemnation of the Court and all Costs accrewing thereon to the Said James Shirley or that he the Said John Donelson will do it for him Thereupon the Said James Shirley by his Said attorney as before defends the force and Injury when &c and Says that he did not assume upon himselfe in manner and form as the afd Plft above against him hath Complained and of this he putts himselfe upon the Country and the Plft Likewise Thereupon Command is Given to the sher of Somersett County that Immediately he Cause to Come here twelve &.c by whom &.c who neither &.c to recognize &.c because as well &.c of which said Preceipt the Said Sherr to witt John Purnall Gent Now hereat this day to witt the Same day and Year last mentioned Comes and makes return that she [illegible] has here ready twelve &.c as by his Said preceipt he was Commanded and now hereafterwards to witt the Same day and Year Came as well the afd Plft as the afd deft by their attorneys afd and the Jurors of that Jury therein Impannelled being Called Likewise Came to witt William Handy, W.m Turpin, Jun.r, George Benston, Joseph Gray, John Dennis Sen.r John White Day Scott, Abraham Owten, John Murray, Aaron Linn, Robert Mitchell, and Benja Howston who being duely Elected tryed and Sworn to Say the truth ^in the ^ premisses upon their Oath do Say that the afd James Shirley did not assume upon himselfe in manner and form as the afd Philip Russell above against him hath Complained &c Therefore it is Considered that the afd Philip Russell take nothing by his writt and declaration afd but be in mercy for his falce Clamour and that the afd James Shirly goe thereof without day and also it is Considered by the Justices here that the afd James Shirley against the afd Philip Russell Six hundred and Eighty two pounds of tobacco for his Costs and Charges by him about his defence ion that part apposed to the Same James by discretion of the Justices here according to the form of the Statute in Such Case lately made and provided adjudged &c Whereupon the afd Philip Russell by his attorney afd prays that he may have a hearing in Equity on the verdict and Judgmt afd which is by the Court Granted he giving Security according to act of Assembly in Such Case made and provided whereupon the afd Philip Russell by his said Attorney offers the following Bond as Security Know all men by these presents that I John Donelson of Somersett County in the provinces of Maryland merch.t am held and firmly bound unto James Shirley of the said County Inholder in the full and Just Sum of One thousand three hundred and Sixty four pounds of tobacco in his good sound Merchantable Leafe tobacco in Cask to Contain the Same to be paid unto the said James Shirley his Executors admrs or assignes to the true payment whereof I Bind my selfe my heirs Executors and admrs for and in the whole firmly by these presents sealed with my seal and Dated this 21st day of March anno Dom 1729 The Whereas |
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Somerset County Judicial Records, 1727-1730
| Volume 841, Page 252 View pdf image |
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