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November Court
1733
108 20th day of march 1729/30 which being Read and heard he Likewise prays an hearing of the Condition of the same writing and he hath it in these words The Condition of the above Obligation is that if the above bounden John Videl Joseph MccClester Patri.k Conely & the Revd Thomas Fletcher or Either of them their heirs Ex.rs adm.rs or assignes Shall well and truly pay or Cause to be paid unto Hugh Porter to him his heirs Ex.rs adm.rs the sum of thirty pounds Irish Value at or before the 20.th day of September next or deliver the above Nam'd John Videl who is now a prisoner into the Custody of the above Named Hugh Porter then the above Obligation to be void and of none Effect or Otherwise to remaine in full force power and virtue in Law which being Read and heard he prays that the originall writt on the writing Obligatory afd by the afd John Tunstall as assignee of the said Hugh Porter Impetrated may be Enrolled and it is Enrolled in these words viz.t Somerset County ss Charles absolute Lord and proprietary of the provinces of Maryland and Avalon Lord Baron of Baltemore &a to the sheriffe of Somerset County Greeting we Command you that you take Patrick Connelly late of Somerset County feltmaker Otherwise Called Patrick Conolly of the Same place Hatter If he shall be found in your Bailywick and him safe keep so that you have his body before our Justices of 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 perill and have you then & there this writt Wittness Samuel Hopkins Gent Chiefe 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 ye 20.th 1731 which being Enrolled the said Patrick Conely having 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 originall 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 noe need or by the Law of the Land is ^in^ any sort held to answer for a plea he nevertheless saith that the said Hugh Porter at the time of the making the writing Obligatory afd and Long before was and Since hath been an undersheriff of the County of Somerset afd (to witt) at the County in due form of Law according to the Laws usages and Customs of this province appointed and Qualified and that the said John Videl in the writing Obligatory afd and the Condition of the Same Named was by due Cours of Law at the time of the making the writing obligatory afd in the Custody of the said Hugh Porter as under sheriff of the same County (to witt) at the County and the afd Patrick Conely further saith that that writing was made to and accepted by the said Hugh Porter by Colour of his Office of under sheriff of the said County of Somrsett |
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Somerset County Judicial Records, 1733-1735
| Volume 846, Page 108 View pdf image |
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