Volume 859, Page 292 View pdf image |
June Court
1738
292 at deviding Creek Came the af.d Tench Francis by William Goldsborough his attorney af.d and the sheriffe of Somerset County to witt John Henry Gent now here returned that he had taken the af.d Thomas Watkins whose body hereat this day he had ready to answer the af.d Tench Francis of the af.d plea as to him it was Command Whereupon the afd Thomas Watkins present herein Court in his proper person and prays that the afd Tench Francis may give Security for Costs in Case Nonsuite may be Obtained against him in the plea afd which is by the Court here Granted thereupon the afd William Goldsborough Gent present herein Court undertakes for the same Tench that in Case he be nonsuited in the plea afd or otherwise Legally Casts that then the same Tench Francis shall pay the Condemnation of the Court and all Costs accrewing thereon to the said Thomas Watkins or that he the same William Goldsborough will do the Same for him &a And the aforesaid Thomas in his proper person Comes and saith that the Court here further to take Cognizance of the plea af.d ought not because he saith that he the said Thomas at the day of the issueing of the originall writt of the af.d Tench in the plea af.d and long before was and still is an Inhabitant and resident in Calvart County in this province and not in this County of Somerset and never did abscond or fly from Justice in the said County of Calvart and that no Capias ad respondendum at the suit of the af.d Tench before the Impetration and sueing out the original writ in this Cause was sued out by the af.d Tench against the af.d Thomas in the County of Calvart and returned by the sherriffe or Coroner of the said County that the said Thomas in the said County of Calvart was not found Contrary to the act of assembly in such case lately made and provided and this the said Thomas in the said County of Calvart was not found Contrary to the act of assembly in such case lately made and provided and this the said Thomas is ready to verify wherefore he prays Judgment if the Court here will take further Cognizance of the plea af.d and thereupon the same Tench Francis prays thereof day to Imparle and to him it is given &a And Whereupon day thereof is given to the parties af.d |
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Volume 859, Page 292 View pdf image |
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