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March Court
1727
68 Tobacco for his Damages which he Sustained as well by occasion of the Nonperformance of a Certain Promise & assumption to the same Andrew by the afd James lately made as for his Costs and Charges by him about his Suit in that part Expended whereof he is Convict as by the records and Proceedings thereof in our Same Court Before our Justices at Dividing Creek afd Manifestly appeareth Nevertheless the afd James his Body in Execution of such Judgm.t to the afd Sher of Somrsett Co.ty hath not rendered nor the same James the Damages afd to the afd Andrew hath not Satisfyed ^neither with ye said Benj.a Daul ye same for him^ as by the Insinuation of the Same Andrew we have received & Because we are Willing that those things which in our Court afd Before our Justices afd are rightfully Acted & acknowledged ought to be duely Executed we Command you that by good & Lawfull men of your Balywick you Make Known unto the afd Benj.a that he be before our Justices of our Co.ty Court of Somrsett to be held at Dividing Creek ye third tuesday of March next to Shew Cause if any thing for himselfe he hath or to say knoweth Wherefore ye afd Andrew his Execution against him of the Damages afd to have ought not according to the form of the recognizance afd if to unto him it shall seem Expedient & have you then & there the Names of them by whom you make Known & this Writt Wittness Sam.l Hopkins Gent &c Att which said third tuesday of March to witt the Ninteenth day of the same month ann.o Dom one thousand Seven hundred and twenty Seven being the day of the Return of the said Writt Cometh the afd And.w Scott by his attorney afd and the said sherr Returned that by vertue of the afd Writt to him thereof directed he had made known to the afd Benja Wailes that he be before the Justices of his Lordships County Court of Somersett to be held at Dividing Creek the same day & Year abovesaid by Jno Doe & richd Roe good & lawfull men of his Bailywick &c But the afd Benj.a Wailes altho' so before warned ^at^ the same day abovesaid being solemnly Called Cometh not but makes default &c Therefore it is Considered by the Court here the Same day and Year Last mentioned that the afd Andrew Scott have his Execution against against the afd Benja Wailes of three pounds Eight Shillings and Nine pence Currant money and three hundred and Ninty ^Eight^ one pounds of tobacco his damages afd ^according to the force form and Effect of the Recognizance afd^ that the afd And.w Scott according to the form of the statute in such Case Lately made and provided Recover against the afd Benj.a Wailes two hundred and fifty one pounds of tobacco for his Costs Charges and Damages Sustained by Occasioned of Delay of Delay of Exn of the Damages afd by his assent adjudged &c
Whereas Joseph MccClester Lately in Our County Court of Somersett here to witt the fifteenth day of March Anno Dom one thousand seven hundred and twenty five before Saml Hopkins Gent and his associated then Justices of our County Court of Somersett at Dividing Creek and by Consideration of the same Court Recovered against Saml Wheeler of Somersett County planter Seven hundred and Seventy Nine pounds of tobacco which to the same Joseph (in) |
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Somerset County Judicial Records, 1727-1730
| Volume 841, Page 68b View pdf image |
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