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November Court
1733 105 Our County Court of Somerset to be held at Dividing Creek the third tuesday of march next to answer unto John Tunstall assignee of Hugh Porter according to the form of the act of assembly in such Case provided of a plea that he render unto him Sixty pounds Sterling which to him he oweth and unjustly detaineth &a hereof fail not at your peril and have you then and there this Writt Wittness Samuel Hopkins Gent Chief Justice of our said Court the 20th Day of November in the 17.th year of our Dominion &a Anno Dom 1731 Thomas Hayward Clerk (Levin Gale) Issued December 20th 1731 which being Enrolled and the said Thomas Fletcher haveing read the same he saith that the afd John Tunstall Assignee of the said Hugh Porter his Action afd by Vertue of the Writing Obligatory afd against him to have or Maintain ought not because protesting that there is a variance between the Writing Obligatory afd and the Original Writt above thereon Impetrated by means whereof that writt ought to abate protesting also that the declaration afd and the Matter therein Contained are altogether Insufficient in Law and that he thereto hath no Need or by the Law of the Land is in any sort held to answer for plea he Nevertheless saith that the said Hugh Porter at the time of the makeing the writing Obligatory afd and long before was and since hath been an Undersheriff of the County of Somerset afd to witt at that County in due form of Law According to the Laws Usages and Customs of this Province appointed and Qualified and that the said John Vidal in the writing Obligatory afd and the Condition of the same Names was by due Course of Law at the time of the Makeing the writing obligatory afd in the Custody of the said Hugh Porter as Undersheriff of the same County to wit at that County and the afd Thomas Fletcher further saith that that Writing was made and accepted by the said Hugh Porter by Colour of his office of Undersheriff of the said County of Somerset Dureing the Confinement of the said John Vidal under the Custody of the said Hugh Porter as Undersheriff of that County for the Ease and favour of the said John Videl and for no other Cause whatsoever Contrary to the form of the Statute in the twenty third Year of our late Sovereign Lord King Henry the sixth in Such Case provided and this he is ready to verifie wherefore he prayeth Judgment if the said John Tunstall assignee of the said Hugh Porter his action afd against him to have or maintain Ought &a and the afd Thomas Fletcher by the Lycence of the Court here and according to the form of the Statute in such Case made and provide further saith that the said John Tunstall assignee of the said Hugh Porter his action afd against him to have or maintaine Ought not because he saith that at a session of assembly begun and held at the City of Annapolis for the province of Maryland ^afd^ on the twenty Sixth day of aprill in the first Year of Our Late Lord George the first by the grace of God of great Brittain ^King^ and in the year of Our Lord One thousand seven hundred and fifteen by the authority of the same assembly it was Enacted that no Sheriffe or Subsheriff within this province after the |
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Somerset County Judicial Records, 1733-1735
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