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Somerset County Judicial Records, 1727-1730
Volume 841, Page 257b   View pdf image
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              March Court                1729             257

    Att which said Next Court to witt the Seventeenth Day of March Ann.o Dom.r one thousand
Seven Hundred & twenty Nine Came Again as well the afd Jn.o Tunstall by y.e afd
Levin Gale his attry as y.e afd Francis Allen in his Own Proper Person and the said
John Tunstall by his afd attorney prays that the afd francis Allen to his declaration afd may answer unto
the afd francis Allen altho Solemnly Called Cometh not nor Says Nothing in barr or preclusion of the action
afd of the afd John Tunstall by which the SAme John Remaineth against the afd francis thereof undefended &c

          Wherefore the afd Francis John his damages against the afd Francis Ought to recover but because it is not Known to
his Lordships Justices here what damages the afd John has Sustained by Occasion of the non performance of the promise
and assumption afd  Therefore Command is to the sher of Somersett County that by the Oath of honest and Lawfull men of his
bailywick he diligently Inquire what damages the Same John hath Sustained as well by Occasion of the non performance
of the promise and assumption afd as for his Costs and Charges by him about his Suit in that part apposed and the Insquitition
which thereupon he shall take to his Lordships Justices of the County Court of Somersett to be held at Dividing Creek the third
tuesday of June next under his Seal and the Seal of them by whose Oath he takes the Same Inquisition he send together
with his said Lordships Writt thereof to him directed and the Same day is given to the afd francis there also &c


FA  Benjamin Marchant
                   ag.t
       Isaac Fleming
     Command was Given to the sher of Somersett County that he Should take Isaac Fleming
            late of Somersett County Marriner if he should be found in his bailywick and him Should
safe keep so that he might have his body before the Justices of his Lordships County Court
                            of Somersett to be held at Dividing Creek the third tuesday of August then Next to answer unto Benjamin
Marchant of a plea of trespass upon the Case &.c and that thereof he should not fail &c

                      And whereupon the said Benjamin Flemming late of Somerset County Marriner was attached to answer unto
Benjamin Marchant of a plea of trespass upon the Case &c

             And whereupon the said Benjamin by Francis Allen his attorney Complaines that whereas the said Isaac the
tenth day of August Anno Dom Seventeen hundred and Twenty Nine at Somersett County within the Jurisdiction of this Court
was Indebted unto the said Benjamin in two pounds four Shillings Lawfull money of america for Labour and Service
by the said Benjamin for the said Isaac at the Speciall Instance and request of the said Isaac before that time there
done and performed as by account hereunto annexed may in Court appear and being so thereof Indebted the
said Isaac in Consideration thereof the day and year afd at the place afd upon himselfe did assume and to the
said Benjamin then and there did faithfully promise that he y.e said Isaac the said two pounds four shillings to y.e said
the said Isaac his promise and assumption afd in form afd made not regarding but Plotting and fraudulently Intending
y.e said Benj.a altho' the Same to do the said Isaac by the said Benjamin on the afd tenth day of August in the
Year afd and often afterwards at Somerset County afd he was thereunto requested hath not paid or in any sort for y.e
Same Contented but the Same to him hitherto to pay hath refused and Still doth refuse and deny to the damage of the
Same Benjamin of four pounds money afd and thereupon he brings Suite &c
                                                                      F Allen Qrte Pledges dep Jno Doe  R Roe

D.r     Cash.   M.r Isaac Flemin
To 12 days work on board your Scooner @ 3/P
To making 2 top masts & 1 standard & 12 hoops
@ 2/6 P mast 1s/ the standard & 1d P Hoop is
To making four knees for your Coobose
      Con
£1..16..                                                              

  0..7..
  0..1 
£2..4
 Cr
             Errors Excepted P me         Benjamin Marchant
Aug.t 14  
                 AD 1729                     Att which said third tuesday of August to witt the Ninteenth day of the same
                                                                                                                                                       month


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Somerset County Judicial Records, 1727-1730
Volume 841, Page 257b   View pdf image
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