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August Court
1734
195 Whereupon the said Thomas Newbold present herein Court in his proper person is Adjudged to give speciall bail to the Action afd thereupon a Certain Edward Rownd Charles Rackliff Thomas Hearn and John Newbold all of somerset County Gent Came hereinto Court in their proper persons and undertook and Every of them did undertake and assumed upon themselves for the said Thomas Newbold (likewise the said Thomas Newbold present as afd assumed upon himself) that if in case the said Thomas Fletcher should recover Judgment against him the said Thomas Newbold in the plea afd or that he the said Thomas Newbold should be therein Convict that then he the said Thomas Newbold should pay the Condemnation of the Court thereupon or render his body to the Custody of the Sherriff of Somerset County in satisfaction thereof or that they the said Edward Rownd Charles Rackliff Thomas Hearn and John Newbold will do the same for him &.c Whereupon the said Thomas Newbold in his own proper person Cometh and defendeth the force and Injury when &.c and saith that he cannot gainsay the action afores.d of the af.d Thomas Fletcher nor can he say but that he did assume upon himself in manner ^and^ form as the af.d Thomas Fletcher above against him hath Complained and as to the damage of the same Thomas Fletcher by him by occasion of the premises in that part sustained the same Thomas Newbold saith and Confesseth that the af.d Thomas Fletcher hath sustained damages by occasion of the premises further than his Costs and Charges by him about his suit in that part apposed to four thousand pounds of tobacco ^and Eight p Cent Interest in Cash^ and not more and because the af.d Thomas Fletcher deny's not this but the same allegation Confesseth to be true prays Judgm.t for those damages above Confessed together with his Costs and Charges af.d to him to be adjudged Therefore by Consent of the parties af.d it is Considered that the af.d Thomas Fletcher recover against the af.d Thomas Newbold his damages af.d to the afs.d four thousand pounds of tobacco ^& Eight p Cent Interest in Cash^ in 4000 form afs.d Confesseth as also four hundred pounds of tobacco for his Costs and Charges afs.d to the same Thomas Fletcher by the Court here and Convent of the parties afs.d adjudged and the afs.d Thomas Newbold in mercy &.c
And whereupon the same John by Francis Allen his attorney saith that whereas the aforesaid Thomas the sixteenth day of february Ann Dom One thousand seven hundred and thirty three four at somerset County aforesaid within the Jurisdiction of this Court by his Certain writing obligatory did acknowledge himself to be held and firmly bound unto the aforesaid John in the aforesaid sum of forty four pounds in Gold or silver money of maryland to be paid to the same John at or upon the Tenth day of august then next ensueing the date of the said writing obligatory Nevertheless the said Thomas the aforesaid sum of forty four pounds money as aforesaid to the same John at or upon the aforesaid tenth day of august did not pay nor as yet hath rendered but the same to him hitherto to render hath denyed and still doth & unjustly detain wherefore he saith (that |
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Somerset County Judicial Records, 1733-1735
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