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Somerset County Judicial Records, 1737-1738
Volume 859, Page 90b   View pdf image
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            June Court            1737                                90

A Copy of the foregoing declaration and account were made and sent to be Served on the afd William with the
writt afd according to act of assembly in Such Case made and provided

    Att which said Third Tuesday of June Ann Dom One thousand Seven hundred and thirty Seven Cometh
here the said Robert Graham by his attorney afd and the Sheriffe of the Same County to witt Joseph McClester Gent
at the same day here returned that he had taken the said William Wye whose body hereat this day he had ready
to answer unto the afd William with the Copy of the declaration afd as by Law he was Enjoyned &c

    Whereupon Came hereinto Court before the Justices thereof George Dashiell of Somerset County and
undertook for the said William Wye and assumed upon himselfe that if it Should happen that Judgmt
in the plea afd in the Same Court should be rendered for the same Rob.t Graham against the same W.m
Wye or that the Same William Wye Should be therein Convicted that then he the same William Wye
should pay and Satisfie unto the said Robert Graham the Judgmt of the Court thereupon or render
his body in Execution of Such Judgmt to the prison of the Sheriffe of the County afd thereto remaine untill
the Same Judgment be fully Satisfied or that the said Geo Dashiell will do the Same for him

    And the afd William Wye by Francis Allen his attorney Cometh and defendeth the force and Injury
when &c and the afd Robert prays that the afd Wm to his declaration afd may answer  whereupon
the afd William hath day to him by the Court here given to answer &c  And the same William at the
same day Solemnly Called to answer Cometh not nor the same attorney of the Same William says
nothing hereof in barr or preclusion of the action afd of the afd Robert by which the Same Robert
remaineth thereof against the Same William wholly undefended &.c  For which reason the Same
Robert his damages by Occaison of the non performance of the promise and assumption afd agt
the Same William Ought to recover but because it is not Known unto the Justices of his Lordships
County Court of Somerset here what damages the Same Robert in that part hath Sustained therefore
it is Commanded the Sheriffe of Somerset County that by the Oath of honest and Lawfull men of
his bailywick or County he diligently Inquire what damages the Same Robert hath Sustained
as well by Occasion of the non performance of the promise and assumption afd as for his Costs
and Charges by him about his suit in that part apposed and the Inquisition which thereupon he
Shall take he make appear to the Justices of his Lordships County Court of Somerset to be
held at dividing Creek in ye same County the third tuesday of August then next following under
his Seal and the Seals of those by whose Oath he take that Same Inquisition &c


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Somerset County Judicial Records, 1737-1738
Volume 859, Page 90b   View pdf image
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