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August Court
1741
163 And the af.d Jonathan Shockly by his attorney af.d Comes and defends the force and Injury when &.a and prayeth Leave thereof to Imparle here untill next Court to be held at dividing Creek in and for the County af.d the third of June then next Following and he hath it and the same day is given to the af.d Francis here also &.a Att which day here Came againe as well the af.d Francis Tate as the af.d Jonathan Shockly by their attorneys af.d And Whereupon the same Jonathan as before defends the force and Injury when &.a and protesting that the decleration af.d of the said Francis and the matters therein Contained are not Sufficient in Law to maintain the action af.d of the said Francis against him the said Jonathan and he hath no need nor by the Law is held thereto to answer for plea he says that he did ^not^ assume upon himself in manner and form as the said Francis above against him hath Complained and of this he puts himself upon the Country And hereupon the said Francis Tate prays 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 August then next Following and he hath it and the same day is given to the af.d Jonathan here also &a Att which day here Came againe as well the af.d Francis Tate as the af.d Jonathan Shockly by their attorneys af.d and hereupon the af.d Jonathan prays that the af.d Francis to the PLea of ^him^ the same Jonathan Replyeth nor ^is^ his writt af.d against the same Jonathan further prosecuted Therefore it is Considered by the Court here that the af.d Francis Tate take nothing by his writt af.d but that he and his pledges of prosecuting to witt John Doe and Richard Roe are in mercy and that the af.d Jonathan goe thereof without day And Also it is Considered that the af.d Jonathan Shockly Recover against the af.d Francis Tate 307 Pounds of tobacco for his Costs and Charges by him about his defence af.d in that part Sustained by the Court now here adjudged according to the form of the statute in such Case thereof Lately made and provided and that the same Jonathan have thereof Execution &.a
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