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Somerset County Judicial Records, 1737-1738
Volume 859, Page 91b   View pdf image
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                June Court         1737                91

to him to pay hath altogether refused and still doth refuse altho' afterwards to witt on the day and
Year Last mentioned at the County afd and often since that time by the said Duncan required whereupon
the said Duncan saith he is damnified Twenty pounds Curr.t money of Maryland and thereof he
brings suit &c   
                                                                                   pledges &c John Doe R Roe

    Att which said Third Tuesday of June to witt the twenty first day of the Same Month Ann Dom
One thousand Seven hundred thirty Seven Came here the said Duncan Murray by his attorney afd
and the Sheriff of the Same County to witt Joseph MaClester Gent at the same day returned here that
he had taken the body of the Same Archibald McNeal whose body here at this day he had ready
to answer unto the afd Duncan Murray of the afd plea as to him it was Commanded and Likewise that
he had Served the same Archibald with a Copy of the declaration afd according to act of assembly in
such Case provided &c            Whereupon the said Archibald McNeal present here in Court
before the Justices thereof at the prayer of the same Duncan the afd Archibald is adjudged
to give Speciall bayl to the action afd but for want thereof the said Archibald is Committed
into the Custody of the Sheriff of Somerset County there to remaine &c

And the said Archibald MacNeal in Custody as afd in his own proper person Cometh and defendeth
the force and Injury when &c  and the afd Duncan prays that the afd Archibald to his declaration
afd may answer &.c  Whereupon the afd Archibald hath day by the Court here unto him given untill
fryday the fourth day of this term to answer unto the afd Duncan in the afd plea and the same
Archibald at the same day altho' Solemnly Called Cometh not nor saith nothing in Barr or
preclusion of the action afd of the afd Duncan by which the Same Duncan remaineth against the afd
Archibald thereof undefended    For which reason the same Duncan Murray his damages by occasion
of the non performance of the promise and assumption afd against the Same Archibald ought to
recover but because it is not known what unto the Justices of his Lordships County Court of Somerset
here what damages the Same Duncan in that part hath Sustained  therefore it is Commanded the Sheriffe
of the Same County that by the oath of honest and Lawfull men of his Bailywick or County he diligently
Inquire what damages the Same Duncan 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 should take he made appear to the Justices of his Lordships
County Court of Somerset to be held at Dividing Creek in the 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 91b   View pdf image
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