| Volume 851, Page 249 View pdf image |
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August Court
1736
249 and place within Contained as by the precept afd he was Commanded &a And the afd Richard Phillips by Robert Jenckins Henry his attorney Cometh and prayeth Leave thereof to Imparle here untill next Court and he hath it and the Same day is given to the afd William Macclemmey here also &a Att which said next Court to witt the Seventeenth day of august ann Dom One thousand seven hundred and thirty Six Came againe as well the afd William Macclemmey as the afd Richard Phillips by their attorneys afd and the afd William Macclemmey then & there his writt afd against the afd Richard Phillips did not prosecute with Effect but willfully permitted his suit to be discontinued Therefore afterwards (to witt) that same day by discretion of the Justices here were adjudged the same Richard Phillips 182 pounds of tobacco for his Costs and Charges afd by him about his suit ^defence^ in that part sustained according to the form of the act of assembly in such Case made & provided an the afd William in Mercy and that the afd Richd have thereof Execution &a
pence Curr.t and Lawfull money of America which from him he Unjustly detaines &a And whereupon the Same James by Francis Allen his attorney saith that whereas the said Charles the first day of February anno Dom Seventeen hundred and Twenty four five at a Certain place Called Lewis in the County of Sussex upon Delaware vizt at Somerset County afd within the Jurisdiction of this Court by his Certain Writing Obligatory which the said James with the seal of the said Charles signed here into Court brings the date whereof is the Same day and year did acknowledge himselfe to be bound unto the said Archibald Smith in his Lifetime in the afd Twenty Six pounds seven Shillings and four pence money afd to be paid unto the said Archibald when he Should be thereunto required Yett the said Charles tho' Often required the said Twenty Six pounds seven Shillings and four pence to the said Archibald in his Lifetime or ^to^ the afd James since the decease of the said Archibald hath not rendered but the Same to the said Archibald in his Life time or to the afd James since the decase of the said Archibald to render hath denyed and ye same to the said James to render still doth deny |
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| Volume 851, Page 249 View pdf image |
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