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August Court
1736
245 of Marylan am holden and firmly bound unto Thomas Dashiell of the said County Sheriffe he his heirs executors administrators or assigns in the penall Sum of ten thousand pounds of good sound Merchantable tobacco and cask convenient in somerset to which payment well and truly to be made and done I bind myself my heirs Exrs and administrators firmly by these presents for the hole and in the hole as Wittness my hand and seal this twenty fourth day of August Anno Dom seventeen hundred and nineteen he also prayeth the hearing of the condition of the same writing obligatory and it is read unto him in these words Following vizt The Condition of the above obligation is such that if the above bound Richard Holland pay or cause to be paid what tobacco doth stand Justly due to Thomas Dashiel his heirs or assigness from the deceased Charles Shewell not exceding five thousand pounds which the said shewell was Justly Indebted to the afd ^abovesaid^ Dashiell that then the above obligation to be void otherwise to be and remain in full force power and vertue in law which being read and heard the said Richard saith that the afd Thomas his acction afd against him the said Richard to have and Maintain ought not because he saith that the said Thomas at the time of Executing and making the afd writing obligatory to witt the twenty fourth day of August Anno Dom seventeen hundred and nineteen at Somerset County afd and within the Jurisdiction of this Court was and did execute the office of high sheriff of Somerset County afd and the afd Richard further saith that the afd Thomas at the time of the Execution and making of the said writing obligatory or at anytime after did not Indorse the same Writing obligatory before that Suing out of his original writt of him the said Thomas against the said Richard or at any time Since according to the form of the act of assembly for the direction of Sheriffs in their Offices and restraining their ill practices in this province in such Case Lately made and provided by which and by reason of the said act of assembly the said Writing obligatory is become Void and of noe Effect in the Law and this the said Richard is ready to verifie wherefore he prays Judgm.t if the said Thomas his action afd against him the Said Richard thereupon he ought to have &.a And the afd Thomas Dashiell says that he by any thing by the said Richard in manner and form afd by pleading alledged from having and maintaining his action afd ought not to be precluded because he Says that the plea afd and the matter therein Contained are not Sufficient in Law to preclude him the Same Thomas from having and maintaining his action afd against him the Said Richard and that he the said Thomas to the said plea of the said Richard in form afd pleaded hath noe need nor by the Law of the Land is in any sort held to answer and this he is ready to veryfie wherefore for want |
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Somerset County Judicial Records, 1735-1737
| Volume 851, Page 245 View pdf image |
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