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August Court
1735
76 Judgment in the plea aforesaid against the said William Kitchen or that the said William Kitchen should be therein Convict that then he the Said William Kitchen shall 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 the said Thomas Gray will do the Same for him &a Whereupon the said William Kitchen by George Douglas his attorney prays that the afd William Camplin may give Security for Costs according to act of assembly in such Case made & provided in Case he be non suited in the plea afd Thereupon Robert Jenckins Henry of Somerset County Gent present here in Court in his proper person under took for the said William Camplin that in Case he be nonsuited in the plea afd or otherwise Legally Cast that then he the Said William Camplin shall pay unto the Said William Kitchen all his Costs in defending of the action afd or that he the said Robert Jenckins Henry will do the Same for him &a Whereupon the said William Kitchen by his attorney aforesaid Cometh & defendeth the force and Injury when &a and says that he did not assume upon himselfe in manner and form as the aforesaid William Camplin above against him hath Complained and of this he putts himselfe upon the Country and the aforesaid William Camplin in like manner Thereupon it is Commanded the Sheriff of somerset County that Immediatly he should cause to come here before the Justices of his Lordships County Court of Somerset now sitting at dividing Creek in the County af.d twelve &.a by whome &.a and who neither &.a to recognize &.a because as well &.a and afterwards Immediatly came thereof the Jury &.a and the Jurors of that same Jury by Joseph MccClester Gent Sheriff of the County af.d to this Impannelled being called came to witt William Holland, Lewis Jones, Joshua Caldwell, Robert Mitchell, Philip Quinton Joseph Houston, John Records, Nathaniel Crapper, Benjamin Tull, John Townsend Jun.r, Thomas Ackworth ^&^ John Pope who to say the truth of the premisses aforesaid being duely Elected tryed and sworn upon their Oath do say that the aforesaid William Kitchen did assume upon himselfe in manner and form as the afd William Camplin above against him hath Complained and assessed the damages of the Same William Camplin by occasion of the non performance of the promise and assumption afd beyound his Costs and Charges by him about his suit in that part apposed to twenty Seven pounds sixteen Shillings Sterling and for those Costs and Charges to one pound of tobacco Therefore it is Considered by the Court here that the aforesaid William Camplin recover against the afd William Kitchen his damages afd by the Jurors aforesaid in form afd assessed as also Eight 840 hundred and Sixty three pounds of tobacco for his Costs and Charges afd to the Same William Camplin by the Court here of his assent of Increas adjudged which Certain damages in the whole do amount to twenty Seven pounds sterling sixteen Shillings Sterling and pounds of tobacco and the afd deft in Mercy &a |
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Somerset County Judicial Records, 1735-1737
| Volume 851, Page 76 View pdf image |
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