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Somerset County Judicial Records, 1740-1742
Volume 861, Page 141   View pdf image
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       June Court                                      1741                       141

third tuesday of November then next Following and he hath it and the same day is given to the af.d W.m here also &.a

          Att which day here Came againe as well the af.d William Scott as the af.d Joshua Sturgiss
by their attorneys af.d  And Whereupon the said Joshua prayeth further Leave thereof to Imparle
here untill next Court to be held at dividing Creek in and for the County af.d the third tuesday of March
then next Following and he hath it and the same day is given to the af.d William here also &.a

             Att which day here Came againe as well the af.d William Scott as the af.d Joshua Sturgiss by their
attorneys af.d  And Whereupon the said Joshua as before defends the force and Injury when &.a and
says that he did not assume upon himself in manner and form as the af.d William Scott above against
him hath Complained and of this he puts himself on the Country    and the af.d William in Like manner

                    Therefore it is Commanded the Sheriffe that Immediately he should Cause here before his Lordships
Justices Twelve &.a by whom &.a and who neither &.a to Recognize &.a because as well &.a and the Jurors of that Jury being
Called some of them to witt David Polk John Woolford Edward Rook Thomas Pollett George Tull Robert Mitchell
William Gray John White Richard Wallis and Littleton Townsend Came and were Sworn upon that Jury and because
the Residue of the Jurors of that Same Jury did not appear  therefore others of those standing by hereunto Elected
by the sheriffe of the County aforesaid and at the Request of the aforesaid William Scot and by the Command of
the aforesaid Justices are newly put on whose names to the pannell within written are afiled according to the
form of the Statute in such Case made and provided which said Jurors so newly put on to witt Peter Taylor
and Archibald White being Called Likewise Came who to say the truth of the premisses aforesaid together with the other
Jurors first Impannelled and sworn being elected tryed and Sworn upon their Oath say that the aforesaid Joshua
Sturgis did assume upon himselfe in manner and form as the aforesaid William Scot above against him hath Complained
and assessed the damages of the same William by Occasion of the non performance of the promise and
assumption aforesaid beyond his Costs and Charges by him about his Suit in that part Expended to twenty one pounds
Currt money of Maryland and for those Costs and Charges to One pound of tobacco         And the aforesaid Joshua
Sturgis Offered Exceptions in stay of Judgment in these words Following  And the said Joshua says that noe Judgment
Ought to be rendered on the said Verdict for his Reason that the first Court in the declaration mentioned is Insufficient
and Entire damages are assess'd by the Jury            And because the Court here of their Judgment of and upon the premisses
aforesaid to render as yet will advise day therefore is given to the aforesaid William and Joshua before the Justices of his
Lordships County Court of Somerset to be held at dividing Creek the third Tuesday of June then next Following of
hearing thereof their Judgment for that the Court thereupon as yet &a

                     Att which day here Came againe as well the aforesaid William Scot as the aforesaid Joshua Sturgis
by their attorneys aforesaid  And whereupon the premisses being seen and by the Court here fully understood

          It is Considered that the aforesaid William Scot Recover against the aforesaid Joshua Sturges his
damages aforesaid by the Jurors aforesaid in form aform afd assessed as also
1375                                 pounds of tobacco for his Costs and Charges aforesaid to the same William by the
                                                                                                                                                       Court


 
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Somerset County Judicial Records, 1740-1742
Volume 861, Page 141   View pdf image
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