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November Court
1733 108 Somerset during the Confinement of the said John Videl under the Custody of the said Hugh Porter as under sher of that County for the Ease and favour of the said John Videl and for noe other Cause whatsoever Contrary to the form of the Statute in the twenty third Year of Our Late Sovereign Lord Henry the Sixth in Such Case provided and this he is Ready to Verifie wherefore he prayeth Judgm.t 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 Patrick Conely by the Lycence of the Court here and according to the form of the Statute in Such Case made and provided and further saith that the said John Tunstall assignee of the said Hugh Porter his action afd against him to have or main taine ought not because he saith that at a session of assembly begun and held at the City of annapolis for the province afd 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 &a and in the Year of Our Lord One thousand seven hundred and fifteen by the authority of the same assembly it was Enacted that noe sheriff or Subsheriffe within this province after the publication of the said act in their severall and respective Counties wherein they dwell should take any Bond Bill or any Other writing Obligatory of any person or persons upon any pretence whatsoever without Endorsing 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 Subsheriffe within this province should during the time that he remains in this 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 noe Effect and the Officer or Officers that should take the same should Lose his debt and forever be ^de^Barred 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 noe in full force and unrepealed manifestly may appear and the afd Patrick Conely further Saith that at the time of the making of the writing Obligatory afd to witt on the 20.th 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 Continued under sheriff of the County of Somerset afd (to witt) at the County according to the Usages and Customs of this province by (John Purnall 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 aforesaid and the afd Patrick ^Conely^ 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 acco.t 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 Judgment if the afd John Tunstall assignee of the said Hugh Porter his action afd against him to have or maintain Ought &a And the afd John Prays the Justices here that the writing of assignment in the declaration afd mentioned may be Enrolled which is Granted him and is Enrolled in these words I do hereby assigne all my right title and Interest of the within Obligation to Capt John Tunstall to him and his heirs Exrs or |
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Somerset County Judicial Records, 1733-1735
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