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March Court
1736
33 the aforesaid James Hayes of the afd plea as to them it was Commanded Whereupon a Certain William Beckingham and George Douglas of Somerset County Gent present herein Court in their proper persons undertook and Each of them undertook for the same Joseph Macclester and assumed upon themselves (Likewise the said Joseph Macclester present here in Court in his proper person assumed upon himselfe) that if it should happen that Judgment in the plea afd in the same Court should be rendered for the same James Hayes against the said Joseph Macclester or that he the said Joseph Macclester should be therein Convicted that then he the said Joseph Macclester should pay ^& satisfie^ the Judgment of the Court thereupon unto the said James Hayes or render his Body in Execution of such Judgm.t to the prison of the County afd thereto remaine untill the same Judgm.t be fully Satisfied unto the same James Hayes or that they the same William Beckingham and George Douglas will do the same for him thereupon the same Joseph Macclester puts in his place William Beckingham Gent attorney at Law against the afd James Hayes of the afd plea and upon this day is given to the parties afd here before the Justices of his Lordships County Court at Dividing Creek untill the third Tuesday of March then next following in the state wherein they now are saving to the parties ^afd &c^ Att which day here before his Lordships Justices at dividing Creek Came againe as well the afd James Hayes as the aforesaid Joseph Macclester by their attorneys afd and hereupon the same James declared against the afd Joseph in the plea afd in form following Somerset County ss.t Joseph Macclester Late of Somerset County Gentleman was attached to answer unto James Hayes of a plea of trespass upon the Case &c And Whereupon the same James by William Goldsborough his attorney complaineth that whereas a certain Francis Allen the sixteenth day of June in the year of our Lord God seventeen hundred thirty and six at Somerset County af.d (the same Francis then and there negotiating and Commerce useing) his certain bill in writing according to the use and Custom of Merchants from time whereof the memory of man is not to the Contrary used and approved did make and with his proper hand subscribe bearing date the same day and year and that bill unto the af.d Joseph MccClester then and there negotiating and Commerce using did direct and by the same bill did require the same Joseph to pay unto the af.d James Hays (then and there negotiating and Commerce useing) or his order three thousand and ninety pounds of tobacco which said bill so as af.d make subscribed and directed the same James after the making thereof to wit the seventeenth day of June Anno Dom seventeen hundred thirty and six af.d at the County af.d unto the af.d Joseph did shew and the same Joseph that bill according to the use and Custom of Merchants from all the time af.d used and approved to accept then and there did require and to make payment of the said three thousand and ninety pounds |
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Somerset County Judicial Records, 1737-1738
| Volume 859, Page 33b View pdf image |
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