Volume 842, Page 10b View pdf image |
August Court
1730
10 And the aforesaid John Timmons so forewarned and at the Same day being solemnly Called Cometh not but makes default &c Therefore it is Considered that the afd Joseph MccClester have Execution against the afd John Timmons of Seven hundred and fifteen pounds of tobacco his damages afd Likewise the aforesaid Joseph MccClester according to the form of 237 the Statute in Such Case lately made and provided Recover against the afd John Timmons two hundred and thirty Seven pounds of tobacco for his Costs Charges and damages which he Sustained by Occasion of delay of Execution of the damages afd &.c
Whereupon the aforesaid Henry Williams in his Own proper person appears and thereupon the said Henry Williams at the prayer of the plantife by Levin Gale his attorney is adjudged to give speciall bayle to the action afd thereupon a certain Michael Holland Jun.r Late of Somerset County Maryner present herein Court undertakes for the Said Henry Williams that in Case the said Joshua Ward shall recover Judgm.t in the plea aforesaid against the aforesaid Henry Williams that in Case shall be therein Convict that then he the Said Henry Williams shall pay the Condemnation of the Court thereupon or Render his body to the Custody of the Sherrife of Somerset County in Satisfaction thereof or that he the said Michael Holland will do it for him thereupon the Said Henry Williams by Levin Gale his attorney appeared and Imparl'd till next Court &c
this Court was Indebted unto the same John in the Sum of Fourteen hundred and forty six pounds of tobacco and tenn pounds Currant money as by an account thereof hereunto annexed and hereinto Court brought may appear and so thereof being Indebted the said Henry in Consideration thereof afterwards viz.t the same day and year aforesaid at the County aforesaid and within the aforesaid Jurisdiction upon himselfe assumed and to the same John then and there faithfully promised that he when afterwards he should be thereunto Required he the aforesaid sum of fourteen hundred and forty six pounds of tobacco and tenn pounds Currant Money to the Same John Would well and faithfully Content and pay Nevertheless the said Henry his promise and assumption aforesaid in form aforesaid made not Regarding but plotting and fraudulently Intending him the Same John in that part Craftilly and Subtilly to defraud and deceive the aforesaid fourteen hundred and forty six pounds of tobacco and tenn pounds Currant Money or any part thereof to the Same John he hath not paid altho' the Same to do the aforesaid Henry afterwards vizt the same day and year aforesaid at the County aforesaid and within the aforesaid Jurisdiction by the Same John was Requested but he the same hitherto to do hath altogether Refused and still doth refuse whereby the Same John says he is worse and hath damage to the Value of two thousand Eight hundred & Ninty two pounds of tobacco and twenty pounds Currant and thereupon he brings Suit &.c L Gale P Quer Pledges &.c Jno Doe Richd Roe
John Tunstall and made Oath on the holy Evangelist of almighty God that the above account is Just and true and that he hath Rec.d noe part or percell thereof more than he has Given Creditt for to the best of his knowledge sworne before me Jn.o Smith And |
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Volume 842, Page 10b View pdf image |
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