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Somerset County Judicial Records, 1733-1735
Volume 846, Page 271   View pdf image
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March Court               1734            (271)

af.d John hath not paid nor for the same in any sort contented but that unto him
hitherto to pay or for the same in any sort to content altogether hath refused and still
doth refuse to the damage of the same John Nine pounds and therefore he bringeth suit &.a
                                                                                           Pledges &.a Jn.o Doe & R Roe

Whereupon the said Robert Dias present herein Court in his proper person at the prayer
of the aforesaid John Lenan by his attorney af.d is adjudged to give Speciall bail to the action
af.d  Thereupon a Certain Francis Porter of Somerset County Gentleman present herein Court
in his proper person undertook and assumed upon himself for the said Robert Dias (likewise
the said Robert Dias ^present here in Court as af.d^ assumed upon himselfe) that if in Case the said John Lenan should recover
Judgment in the plea af.d against the said Robert Dias or that he the said Robert Dias should
be therein Convict that then he the said Robert Dias should pay the Condemnation of the Court
thereupon or render his body in Execution of Such Judgment to the prison of the sheriff of
Somerset County in Satisfaction thereof or that he said Francis Porter will do the same for him &.a

And the aforesaid Robert Dias by George Douglas his attorney Comes and defends the force
and Injury when &.a and prays leave thereof to Imparle hereuntill next Court and he hath
it and the same day is given to the af.d John here also &.a

    Att which said Next Court to witt the Ninteenth day of November      Ann Dom
One thousand seven hundred and thirty four came againe as well the af.d John Lenan as
the af.d Robert Dias by their attorneys af.d and whereupon the same Robert Dias prays
further leave thereof to Imparle hereuntill next Court and he hath it and the same day is
given to the aforesaid John herealso &.a

    Att which said next Court to witt the Eighteenth day of March Ann Dom one thousand
Seven hundred and thirty four came again as well the af.d John Lenan as the af.d Robert
Dias by their attorneys af.d and thereupon the same Robert as before defends the force and
Injury when &.a and says that the said John his accon thereof against him to have and maintain
ought not because he says that he the said Robert on the tenth day of November after the
date of the bill obligatory af.d Viz.t on the said tenth day of November Ann Dom Seventeen
hundred and thirty at Somerset af.d did pay to the said John the sum of one pound sixteen
Shillings and Eight pence and one hundred and five pounds of tobacco according to the
force form and Effect of that bill and this he is ready to verify wherefore he prays Judgment
if the said John his accon thereof against him the said Robert ought to have and maintain &.a

And the af.d John saith that he by any thing prealledged from having and Maintaining
his action af.d against the af.d Robert to be precluded ought not because he saith that
the af.d Robert did not pay unto him the af.d John the sum of one pound sixteen Shillings &
eight pence and one hundred and five pounds of Tobacco at or before the said tenth day of
November next ensuing the date of the bill obligatory af.d which he at or before the
same day ought to have paid according to the form and Effect of that bill and this he
prays may be enquired by the Country &.a

    Whereupon the same attorney of the Same Robert relinquisheth his verification afd by him
above alledged and the Same attorney of the Same Robert Says that he is not Informed by the
Same Robert his Clyant of any answer for the same Robert to the plea afd of the same John
above Pleaded to reply and nothing Els thereof says by which the same John remaineth against
the afd Robert thereof undefended &.a
                                                                                                    Therefore it is Considered
                                                                                                                                  that



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Somerset County Judicial Records, 1733-1735
Volume 846, Page 271   View pdf image
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