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June Court
1737
79 Asson should be therein Convicted that then he the said John Asson shall pay and Satisfied unto the said Mathias Gale the Judgment of the Court thereupon or render his body in Execution of Such Judgm.t to the prison of the sher of the County afd there to remain untill the Same Judgm.t be fully Satisfied or that the said Robert Smith will do the Same for him Whereupon As Well the Same Mathias Gale as the afd John Asson present here in Court in their proper persons Submitted their dispute in this action according to the form of the Statute unto the award of Thomas Gillis and is award in the premisses to be returned to the Justices of his Lordships County Court of Somerset to be held at dividing ^Creek^ the third tuesday ^of^ august then next following that the same Justices may proceed thereon to Judgmt and the Same day is Given to the parties afd there &c Att which day here Came againe as well the afd Mathias Gale before his attorney afd as the afd John Asson in his proper person and the afd Thomas Gillis at the Same day here returns his award in the premisses afd between the parties afd and for as much as it appears here to the Court that the afd ^award^ by the said Thomas Gillis returned between the parties afd is so Imperfect and Insufficient to maintain Judgm.t thereon it is said by the Justices here that the same award be held for nought and that the afd rule of referrence between the parties afd be disolved and here upon the said Mathias Gale by his attorney afd declared against the same John Asson in the plea afd as followeth vizt Somerset ss.t John Asson late of Somerset County Cap Carpenter was attached to answer unto Mathias Gale Esq.r of a plea of trespass upon the Case &c And whereupon the said Mathias Gale by Geo: Douglas his attorney complains that whereas the af.d John on the tenth day of March Anno Dom seventeen ^hundred^ and thirty five at the County af.d and long before ^was^ and yet is a house Carpenter and whereas also the said John the day and year af.d at the County af.d on Consideration that the said Mathias hath payed and satisfied to the said John the sum of twenty nine pounds of Curr.t money of maryland upon himself did assume and to the said Mathias then and there faithfully promise that he the af.d John the Carpenter works of a house at white haven town in the County af.d well and sufficiently would per form and the said house with shingles well Substantially and in good workmanlike manner would shingle Nevertheless the said John his promise and assumption af.d in form af.d made nothing regarding but minding and fraudulently intending the af.d Mathias in this part Crafitly and subtilly to deceive and defraud the house of the af.d Mathias at white haven af.d did not well substantially and in good workmanlike manner shingle but the same willy unsubstantally and unworkmanlike manner did shingle that the Shingling thereof was altogether useless and to the said Mathias prejudicial wherefore he says he is damnifyed and hath loss to the value of fifty pounds Curr.t money of maryland and thereof he brings suit &c pledges &.c John Doe and R Roe and |
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Somerset County Judicial Records, 1737-1738
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