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Somerset County Judicial Records, 1740-1742
Volume 861, Page 158b   View pdf image
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           August Court                                       1741                        158

June 17.th 1740   Then personally appeared before me the Subscriber One of his Lordships Justices of the peace for the County
of Sommerset Francis Tate and made Oath on the holy Evangelist of Almighty God that the within account is Just and True
as it stands Stated and that he hath received noe part or parcell thereof Security or Satisfaction for the Same more
than Credit given for               Sworn before me                                                Will.m Lane

                      A Copy of the foregoing declaration and account were made and Sent to be Served on the defend.t in Custody
as aforesaid

                                        And the Said George Russell in Custody as aforesaid by Robert Jenckins Henry his attorney Came and
defended the force and Injury when &.a and prayeth Leave thereof to Imparle here untill next Court to be held at dividing
Creek the third Tuesday of March then next following and he hath it and the Same day is given to the afd Francis here also &c

                            Att which day here Came againe as well the aforesaid Francis Tate by his attorney afd as the afd George Russell
in Custody as afd by his attorney afd  And whereupon the Same George in Custody as afd prays further Leave thereof to Imparle
here unto next Court to be held at dividing Creek the third Tuesday of June then next following and he hath it and the same
day is given to the afd Francis here also &a

                      Att which day here Came againe as well the aforesaid Francis Tate by his attorney aforesaid as the aforesd
George Russell in Custody as afd by his attorney afd  And whereupon the said George Russell as before defends the force and
Injury when &a   And says that he did not assume upon himself in manner and form as the afd Francis above
against him hath Complained and of this he puts himselfe upon the Country            and the plantiff in Like manner

             Therefore Command is given to the Sheriffe of Sommerset County that he Should Cause to Come before his
Lordships Justices at the next Court to be held at dividing Creek in and for the County afd third Tuesday of August
then next following Twelve &.a by whom &.a and who neither &.a to Recognize &.a because as well &.a and the same day is given
as well to the afd Francis as the aforesaid George in Custody as afd &a

                         Att which day here Came againe as well the afd Francis by his attorney afd as the afd George in Custody
as afd by his attorney afd and the Sheriffe sends not thereof his writ &.a  And Whereupon the parties afd present
here in Court in their proper persons submitted their dispute in this action to the arbitrament and finall determination of
George Dashiell and Henry Ballard of Sommerset County Gentlemen and it is agreed by and Between the parties afd that
the afd Arbitrators Return their arbitrament in writing under their hands Immediately to his Lordships Justices in Court now
here Sitting that the Court may proceed thereon to Judgm.t against Either of them the parties afd as if the Cause were determined
by the Court   And it is further agreed by and between the parties afd that Submission be made a rule of ^this^ Court
therefore it is Ordered that the Submission afd in manner and form aforesaid made according to the form and Effect of
the Statute in that Case Lately made and provided be Entered and made a rule of this Court on the motion of the parties
afd   And afterwards to witt the Same day and Year Came hereinto Court the afd George Dashiell and Henry Ballard the Gent
mentioned in the above Submission and returned their arbitrament in the premisses afd between the parties afd in manner
following             Pursuant to the Submission of Francis Tate plantiff and George Russell Def.t we doe award that the af.d George
Russell pay to the said Tate twelve pounds Curr.t money of Maryland together with Cost Given under Our hands this 19 day of Aug.t 1741
                                                                                                                                                                                                 Geo: Dashiell
                                                                                                                                                                                                 Henry Ballard      which


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Somerset County Judicial Records, 1740-1742
Volume 861, Page 158b   View pdf image
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