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November Court
1733
105 the publication of the said act in their severall and respective Countys wherein they dwel should take any bond bill or any other writing obligatory of any person or persons upon any pretence whatsoever without Endorseing the account on the Back of the Said Bond bill or writing Obligatory for which the same should be passed and that if any sheriffe ^or^ Sub sheriff within this province should during the time that he remains in his Place or Office upon any pretence whatsoever take any bond bill or writing obligatory without endorsing the account on the back side of the said bond Bill or writing Obligatory as afd by which it may appear upon what Consideration the Same was taken the said Bond Bill or writing Obligatory should be Void and of no Effect and the Officer or Officers that should take the Same should Leave his debt and forever be debarred of Suing any Other action for the recovery of the same any Law Statute or Custome to the contrary in any wise notwithstanding as by the Same act now in full force and unrepealed manifestly may appear And the afd Thomas Fletcher further saith that at the time of the making of the writing Obligatory afd to witt on the twentieth day of March in the Year of Our Lord seventeen hundred and twenty nine the afd Hugh Porter in the writing Obligatory afd mentioned was and for a long time afterwards Contained undersherriffe of the County of Somerset afd to witt at that County according to the Usages and Customs of this province (by John Purnell Esq.r then being high sheriffe of that County in due form of Law admitted and Sworn appointed) and in due form of Law Qualified and that the writing Obligatory afd was during the Continuance of the said Hugh Porter in his office afd accepted by him at the County afd by Colour of his Office afd and the afd and the afd Thomas Fletcher further saith that the afd Hugh Porter at the time of the making of the same writing or at any time since hath not Endorsed the account on the back of the said writing Obligatory by which it may appear upon what Consideration the same was taken according to the directions of the act afd and this he is ready to verifie wherefore he prays Judgm.t if the afd John Tunstall assignee of the said Hugh Porter his Action afd against him to have and maintain ought &a And the afd John prays the Justices here that the writing of assignment in the his declaration afd mentioned may be Enrolled which is granted him and is Enrolled in these words I doe hereby assign all my right title and Interest of the within Obligation to Capt John Tunstall to him and his heirs Executors or administrators or assignes as witness my hand ^this^ 31 day of July anno Dom 1731 Hugh Porter her Mary Wye Mary S Floyes which being enrolled the same John Tunstall assignee of the afd Hugh marke Porter says that he by anything by the said Thomas Fletcher in the first matter by the said Thomas as above pleaded alledged from having and maintaining his action afd against the said Thomas Ought not to be forecluded because he Says that well and true it is the said John Purnall was high sherriffe of the said County of Somerset and the said Hugh Porter under sheriffe of the said John Purnall duly Qualified according to the Laws and Customs and Usages of this province of Maryland as the said Thomas in his plea afd hath set forth and that while the afd John Purnall was high sheriff of the said County of Somerset and the said Hugh his undersheriff as afd to witt on the ninteenth day of march anno Dom Seventeen hundred and |
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Somerset County Judicial Records, 1733-1735
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