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March Court
1736 13 their attorneys afd and whereupon the said Joseph MaClester prays further Leave thereof to Imparle here untill the third Tuesday of November Anno Dom One thousand Seven hundred and thirty six and he hath it and the same day is Given to the afd Joseph here also &c Att which day here Came againe as well the afd Joshua Caldwell as the afd Joseph MccClester by their attorneys afd And Whereupon the said Joshua Caldwell prays that the same Joseph MccClester to his declaration afd may answer and the said Joseph at the same day altho Solemnly Called Cometh not nor says nothing in barr or preclusion of the action afd of the same Joshua by which the Same Joshua remaineth against the afd Joseph thereof undefended for which the same Joshua his damages against the same Joseph by Occasion of the Non performance of the promise and assumption ought to recover but because it is not known unto the Justices of his Lordships County Court here what damages the same Joshua in that part has Sustained therefore it is Commanded the that by the Oath of honest and Lawfull men of their County they diligently Inquire what damages the same Joshua hath Sustained as well by Occasion of the Nonperformance of the promise and assumption afd as for his Costs and Charges by him about his Suit in that part apposed & the Inquisition which thereupon they take they make appear to the Justices of his Lordships County Court of Somerset to be held in the Court house at dividing Creek in the Same county the third Tuesday of November the next following under their Seals and the Seales of those by whose Oath they take that same Inquisition they Send together with his Lordships Writt thereof to them directed & the same day is given to the afd Joshua there &c Att which day before the Justices of his Lordships County Court of Somerset at dividing Creek Cometh the afd Joshua Caldwell by his attorney afd and the Coroners to witt William Lane and Henry Ballard Gent Coroners of the County of Somerset afd Returned a Certain Inquisition ^before them^ at dividing Creek at the Court house in the County afd the fifteenth day of March Anno Dom one thousand Seven hundred & thirty Six by the oath of honest and Lawfull men of their County taken by which it is found that the afd Joshua hath Sustained damages by Occasion of the Nonperformance of the promise and assumption afd beyond his Costs and Charges by him about his Suit in that part apposed to twenty three pounds tenn Shillings Curr.t money of Maryland & for those Costs and Charges to one pound of tobacco Therefore it is Considered that the afd Joshua Caldwell recover against the afd Joseph Macclester his damages afd as by the Inquisition afd found also Twelve hundred and Eighty Seven 1865 pounds of tobacco for his Costs and Charges by him about his suit in that part apposed to the same Joshua by the Court here at his request of Increase adjudged which Certain damages in the whole do amount to twenty three pounds ten Shillings Currant money of maryland & 1266 Twelve hundred & Eighty Eight pounds of tob.o with Stay of Execution untill the first day of may then next following and the afd Joseph in Mercy &a |
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Somerset County Judicial Records, 1737-1738
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