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March Court
1733
146 the County afd to this Impannelled being Called Came to witt Parker Selby George Tull Littleton Townsend Robert Mitchell Joshua Sturges George Benston, William Mills, Thomas Reyley, Wm Holland John Fleming Day Scott and Wm Gray nanticoke who to say the truth of the premisses being duely Elected tryed and Sworn upon their Oath did say that the afd John White doth owe to the afd Isaac Beachamp fifty shillings Currant money of Maryland and for his Costs & Charges to one pound of tobo whereupon the afd John prays the Court here that Judgment upon the verdict afd may not be rendered for that it appears 1.st By the Record and process afd that there was no Such Issue Depending between the afd Isaac and the afd John as the Jurrors afd Did Undertake to try 2.dly That if Any Such Issue was Depending it was an Immateriall Immaterial One the Declaration being Grounded on a penal Act of Assembly and that Act Declared upon in Case 3.dly That upon that Act of Assembly the Jurrors Under took to Strike the penalty (if any there was suffered) when it was particularly Directed by the Law and Lastly. That the Declaration afd is abundantly Insufficient in Law for which reasons & Others the same John as before prays that Judgement upon the Verdict afd may Not be rendered Whereupon all and Singular the premisses by the Justices here being seen heard and fully understood and mature deliberation thereupon had it seemeth to the Justices here that the plea afd of the afd John and the Issue thereupon Joyned is Immateriall to the declaration of the afd Isaac by reason whereof it is said by the Justices here to the afd John that he further answer to the said Isaac to his declaration afd at his perill Hereupon the said John saith under protestation that the declaration afd is Insufficient in Law that the afd Isaac his action afd against him to have or Maintain Ought not because he Saith that he is in no sort guilty of the premisses in the declaration afd above mentioned and thereof he puts himselfe upon the Country and the afd plft in like manner Thereupon it is again Commanded the sherriffe of Somerset County that Immediately he should Cause to come here before the Justices of his Lordships County Court of Somerset now in Court sitting at dividing Creek in the County afd twelve &a by whom &a and who neither &a to recognize &a because as well &a and afterwards Immediately Came thereof the Jury &a and the Jurors of that Same Jury by Joshua Caldwell Gent sherriff of the County afd to this Impannelled being Called Came to witt John Caldwell, John Purnall, Francis Porter, George Tull Littleton Townsend W.m Gray, Bruff Broughton Samuel Dorman, James Townsend, Philip Selby, Samuel Atkinson and Robert Mitchell who to say the truth of the premisses being duely Elected tryed and Sworn and from the barr of and Concerning of their Verdict of and upon the premisses afd to render amongst themselves to Command did recede and afterwards to the Same Barr for their Verd.t in that part to render did return upon which the afd plft altho Solemnly Called Comes not nor is his writt afd further prosecuted against the said John White &a Therefore it is Considered by the Court here that the afd Isaac Beachamp take nothing by his writt and declaration afd but that he and his pledges of prosecuting to witt John Doe and |
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Somerset County Judicial Records, 1733-1735
| Volume 846, Page 146 View pdf image |
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