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November Court
1736
277 the same Charles in Consideration thereof that Bill according to the ^use &^ Custome of Merchants for all the time afd used and approved the Same day and Year Last mentioned at Somerset County afd so by the afd Robert Mackfarling delivered as afd to the said Charles he the said Charles did accept and with his proper hand Subscribed for seventeen thousand five hundred Shingles part of the said Ninteen thousand shingles contained in the afd bill to him as aforesaid directed (as by the same bill and acceptance thereof herein Court may fully appear) and also then and there (to witt) on the day and year ^and^ at the place last mentioned upon himself did assume and to the same Robert then and there faithfully did promise that he the said Charles ^the^ afd seventeen thousand five hundred shingles (parcell of the said nineteen thousand shingles in the said bill Contained to the said Robert Mackfarling when he should be thereunto requested he would well and faithfully pay and Content (of which said seventeen thousand five hundred shingles the said Robert Mackfarling acknowledges himself to be satisfied four thousand Cyprus shingles parcell thereof) Nevertheless the afd Charles as to thirteen thousand five hundred ^shingles^ thereof residue little regarding but evilly and fraudulently intending the said Robert Mackfarling in that part Craftily and Subtilly to deceave and defraud the afd thirteen thousand five shingles residue of the afd seventeen thousand five hundred shingles or any part thereof unto the said Robert Mackfarling hath not paid or for the same in any sort Contented altho to do the same by the afd Robert Mackfarling afterward (to witt) on the afd fifteenth day of december Anno Dom one thousand seven hundred and thirty four at Somerset County within the Jur afd the afd Charles was requested but the same to him hetherto to pay or for in any sort to Content the said Charles hath refused and still doth refuse Wherefore the said Robert Mackfarling saith that he is the worse and hath damage to the value of twenty pounds Currt money of Maryland and thereof he brings suit &c Pledges &c John Doe & richd Roe Whereupon Came hereinto Court Thomas Lambden and John Ramsey both of Somerset County planters in their proper persons and undertook and each of them undertook and assumed upon themselves (Likewise the said Charles Ramsey present herein Court in his proper person assumed upon himselfe that if in Case the said Robert Macfarling should recover Judgm.t in the plea afd ag.t the said Charles Ramsey or that the said Charles Ramsey should be therein Convicted that then he the said Charles Ramsey shall pay the Judgment of the Court thereupon or render his Body in Execution of Such Judgmt to the prison of the Sheriff of Somerset County in satisfaction thereof or that they the Same Thomas Lambden and John Ramsey or Either of them will do the Same for him &a And thereupon the said Charles Ramsey prays that the said Robert Mccfarling may give Security for Costs in Case nonsuit be Obtained against him in the plea afd which is by the Court here granted Whereupon a Certain Robert Jenckins Henry of Somerset County Gent present here in Court in his proper person and undertakes for the said Robert Mccfarling that in Case he be nonsuited in the plea afd or Otherwise Legally Cast that then the said Robert Mcfarling shall pay the Condemnation of the |
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Somerset County Judicial Records, 1735-1737
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