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1730
9 therefore Require you or any three or two of you at some time and places to you or any [illegible] of you shall seem Convenient you meet on the aforesaid Land Called Elliotts Choice (you first having taken your Oath on the Holy Evangelist of Almighty God according to act of assembly in such Case made and Provided) and there Cause to Come before you or any three or two of you all Such Evidences as shall be to you or any three or two of you nominated by the said Complainant (or defendant if any) and that you Examine them upon their Corporall Oath to be by you or any three or two of you administred on the holy Evangelist of almighty God in the presence of the Complainant (or defendt if any) touching the Several depositions into writing you send the same together with this Our Commission under your or any three or two of your hands to us to Our County Court of Somerset with all Convenient Speed Wittness William Planner Gent One of Our Justices of Our said Court the seventeenth day of June in sixteenth Year of Our Dominion &.c Anno Dom One thousand Seven hundred and thirty On the back side of the foregoeing Commission it was thus Endorsed and to the Same Commission there was annexed as followeth viz.t These are to Certifie that this 6.th of august annq.r Dom 1730 Came Thomas Gillis Henry Ballard and Lewis Rigsby three of the within Commissioners before me the Subscriber One of the Lord Proprietary's Justices of the peace for the County of Somerset and took their Oath on the holy Evangelist of almighty ^God^ to execute the within Commission duely and Impartially and Examine and Certifie all Such Evidences as Shall be produced to them in and Concerning the bounds of the within mentioned tract of Land Called Elliotts Choice according to the form of the act of assembly for the Ease of the Inhabitants in Examineing Evidences relating to the bounds of Land and in the manner of Obtaining Injunctions sworn to the day and Year aforesaid W.m Stoughton The ^severall^ depositions taken by us the Subscribers the 7.th day of August 1730 in Relation to the bounders of a tract of Land Called Elliotts Choice belonging to Edward Roberts by Vertue of a Commission to us directed for so doing M.r Ephraim Willson aged about Sixty four Years being sworn on the holy Evangelist of Almighty God deposeth and saith that he was a Commissioner on a tract of Land Called Elliotts Choice in the possession of Edward Roberts and that James Polk was then sworn as an Evidence in Relation to the bounders of the aforesaid tract of Land Called Elliotts Choice declared that Francis Roberts Imploy'd him to Maul some Loggs and that he did fall some pines for the Same purpose by the Marsh side about two hundred and fifty yards south or thereabouts from the dwelling house of Edward Roberts and some time after Francis Roberts Came to James Polk and told him that he had fallen a bounder of Elliotts Choice and the Said Polk Asked him if it was the first bounder and the said Polk ^Roberts^ said it was Patrick Quatermus declared much the same on his Oath and Severall Other Evidences ^declared^ much to the same purpose that a pine Stump which ye deponant now stands by near the marsh side and about two hundred and fifty yards South or there abouts from the house of Edward Roberts aforesaid was the first bounder of Elliotts Choice and that the Other Commissioners that was present with the deponant which was Majr Charles Ballard Capt John Tunstall and Mr John Caldwell allowed the said Pine Stump to be the first bounder of Elliotts Choice and that noe Other bounder appeared to them and further Saith not Eph: Willson Cap.t John Tunstall aged fifty Years or there abouts being sworn on the holy Evangelist of almighty God deposeth and sayth that the deposition of ^ye above Mr^ Ephraim Willson is Exactly the Same that he deposeth and further Saith not John Tunstall Mr Thomas Laws aged forty One Years or there abouts being sworn on the holy Evangelist of almighty God deposeth and saith that about Twenty Six Years agoe that he Saw Samuel Jones set up a post Notched on four sides with four Notches on a side at a pine Stump standing Near a marsh side about two hundred and fifty yards from the dwelling house of Edward Roberts and about south from the said House and further sayeth not Thos Laws Mr |
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Somerset County Judicial Records, 1730-1733
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