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August Court
1732
240 manner and form as the said Benjamin above against him hath Complained and of this he puts himselfe upon the Country and the plft in Like manner Thereupon Command is Given to the Coron.rs of Somerset County y.t they should cause to Come here in the Court aforesaid before the Justices thereof Immediately twelve &c by whom &c and who neither &c to Recognize &c because as well &c and the Jurors of that same Jury being by the same Coronrs to witt Wm Lane & Henry Bu^lard^ Gent to this Impannelled being called did Come to witt Lewis Rigsby John Webb John Murrow Thomas Hearne Robert Mitchell John Attkinson Thomas Newbold Giddion Tilman David Polk John Dennis Sen.r Angello Atkinson and Isaac Brittingham who to say the truth of and upon the premisses being elected tryed and Sworn upon their Oath did say that the aforesaid Joshua Caldwell did not assume upon himselfe in manner and form as the aforesaid Benjamin Holland above against him hath complained Therefore it is Considered that the aforesaid Benjamin Holland take nothing by his declation aforesaid but for his falce Clamour be in mercy and that the aforesaid Joshua Caldwell Goe thereof without day &c and further it is Considered by the Court that the afd Joshua Caldwell 218 Recover against the aforesaid Benjamin Holland Twelve hundred & Eighteen pounds of tobacco for his Costs and Charges by him about his defence in that part Sustained to the Same Joshua Caldwell by the Court here according to the form of the Statute in Such Case Lately made and provided of his assent adjudged and that the afd Joshua Caldwell have thereof execution &c
And whereupon the Same John Britt by Levin Gale his attorney Saith that whereas the aforesaid John Magan the twenty Sixth day ^of June^ One thousand Seven hundred and thirty One at Somerset County within the Jurisdiction of this Court by his Certain bill Obligatory granted himselfe to be held and firmly bound unto the afd John Britt in the sum of Seven hundred pounds of tobacco and Caske to be paid the Same John Britt his heirs or order when afterwards the Said John Magan should be thereto required yett the aforesaid John Magan altho' often thereunto required the afd Sum of Seven hundred pounds of tobacco to the Same John Britt hath not rendered but the Same to him hitherto hath altogether denyed and still doth deny and unjustly detain whereby the Same John Britt Saith he is the worse and hath damage to the Value of fourteen hundred pounds of tobacco and thereof produceth Suit &c and Offers herein Court the writing afd which the debt afd in form aforesaid doth testifie whose date is the same day and year afd Pledges &c Jno Doe R Roe And the aforesaid John Magan by William Beckingham his attorney Comes and defends the force and |
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