Volume 851, Page 301 View pdf image |
November Court
1736
301 of June then next to answer unto Thomas Watkins of a plea of Trespass upon the Case &c and that thereof he should not fail &c Att which said third Tuesday of June to witt the fifteenth day of the same month Anno Dom One thousand Seven hundred & thirty Six being the day of the Return of the Said Writt Came the said Thomas Watkins by William Beckingham his attorney and the Sheriff of Somerset County to witt Joseph McClester Gent to whom the foregoing Writt was directed Likewise Cometh and maketh return that by vertue of the writt afd he had taken the body of the said Henry Wingate whose body before the Justices of his Lordships County Court of Somerset at the same day & place in the writt afd mentioned he had there ready ` Whereupon Came hereinto Court a Certain John Willey of Somerset County planter in his proper person and undertook to and assumed upon himselfe for the said Henry Wingate that if it Should happen that the said Thomas Watkins should recover Judgm.t in the plea afd against the said Henry Wingate in the Same Court or that the Same Henry Wingate Should be therein Convicted that then he the said Henry Wingate should pay the Judgmt of the Court thereon unto the said Thomas Watkins or render his body in Execution of Such Judgment to the prison of the Sheriff of Somerset County in Satisfaction thereof or that he the said John Willey will do the Same for him &c And the afd Henry Wingate by Robert Jenckins Henry his attorney Cometh and defendeth the force and Injury when &c and prays Leave thereof to Imparle hereuntill next Court and he hath it and the Same day is given to the afd Thomas here also &c Att which said next Court to witt the seventeenth day of Augt same month Anno Dom One thousand seven hundred and thirty Six Came againe as well the afd Thomas Watkins as the afd Henry Wingate by their attorneys afd And whereupon the same Henry prays further Leave thereof to Imparle hereuntill next Court and he hath it and the Same day is Given to the afd Thomas here also &c Att which said next Court to witt the sixteenth day of November Anno Dom one thousand seven hundred and thirty Six Came againe as well the afd Thomas Watkins as the afd Henry Wingate by their attorneys afd and because the afd Thomas Did not declare against the afd Henry nor prosecutes his writt afd &c Therefore he and his pledges of prosecuting be in mercy and the plantiff name pledges &c and that the afd Henry Wingate goe thereof Without day also it is Considered that the afd Henry Wingate recover against the afd Thomas Watkins his damages by occasion 206 by Occasion of the premisses to Two hundred and Six pounds of tobo to the Same Henry by discretion of the Justices here at his request for his Costs and Charges in that part sustained according to the form of the Statute in such Case Lately made and provided adjudged &c |
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Volume 851, Page 301 View pdf image |
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