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Somerset County Judicial Records, 1740-1742
Volume 861, Page 167b   View pdf image
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       August Court                                       1741                      167

Handy Gent now here returned that he had taken the af.d Francis Tate whose body here at this day he had ready to Answer
the af.d Mathew Kemp of the af.d plea as to him it was Commanded

                      Whereupon Came here into Court the af.d Francis Tate in his proper person and thereupon the said Francis
Tate at the prayer of the af.d Mathew Kemp is Adjudged to give especiall bail to the Action af.d &c

                      Thereupon Came here into Court a Certain Elgate Hitch of Somerset County planter in his proper person and
undertook for the said Francis Tate (Likewise the said Francis Tate present here in Court in his proper person Assumed upon
himself) that If it should happen that Judgment in the plea af.d should be rendred for the same Mathew Kemp against the said
Francis Tate or that he the said Francis should be therein Convict that then he the said Francis should pay and Satisfie unto the
said Mathew Kemp the Judgment of the Court thereupon or render his body in Execution of Such Judgment to the prison of the
sheriffe of the County af.d in satisfaction thereof or that he the same Elgate Hitch will do the same for him &c

          And hereupon the said Mathew Kemp declared against the af.d Francis Tate in the plea af.d in form Following

Somerset ss/   Francis Tate late of Somerset County planter was Attached to Answer unto Mathew Kemp of a plea of trespass
upon the Case &c
                                           And Whereupon the same Mathew Kemp by Geo Douglas his Attorney Complains that whereas the
said Francis on the IX day of October Anno Dom MDCCXXXiX at the County af.d did make his Certain note in writing Called
a promissory note and the said note Signed with the proper name and hand writing of the said Francis to a Certain Henry Harris of
the County Talbot then and there did deliver by which note the said Francis did promise to pay to the said Henry the sum of ten pounds
Curr.t money of Maryland by the ninth day of December next ensuing the date of the said note and whereas the said Henry
afterwards to wit on the xxviij fay of July Anno Dom MDCCXL at the County af.d by his Certain writing of Indorsment on the
said note Indorsed and Subscribed by the said Henry did appoint the Sum in the said note mentioned to be paid to the said Kemp
and requested the said Francis to pay the same Accordingly the said Sum in the said note mentioned being then unpaid of which the
said Francis afterwards to witt the day and year last af.d at the County af.d had notice and Accepted and promised to pay the same by
means whereof and by fore of the statute in that Case lately made and provided the said Francis became Chargeable to pay the said
Sum in the said note mentioned to the said Mathew According to the tenor of that note and so being thereof Chargeable afterwards to
wit the day and year last named at the County af.d promised to pay to the said Mathew the Contents of the said note According to the
tenor of that ^note^  Nevertheless the said Mathew his promise af.d in form af.d made not regarding but minding and fraudulently intending
the said Mathew in that part to deceive and defraud the said Sum in the said note Contained hath not paid to the said Mathew or
any part thereof According to the tenor of that note but that to doe hitherto altogether hath refused and still doth refuse altho'
thereto afterwards to wit the day and year last af.d at the County af.d and often Since that time by the said Mathew required
Whereupon the said Mathew says he is damnifyed twenty pounds Curr.t money of Maryland and thereof he brings Suit &c
                                                                                                                                                          Pleg.s &.c Jn.o Doe Ri Roe

       And the af.d Francis Tate by William Arbuckle his Attorney Comes and defends the force and Injury when &c
and 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 June then next Following and he hath it  And the same day is given to the af.d Mathew here also &c
                                                                                                                                                                            Att


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Somerset County Judicial Records, 1740-1742
Volume 861, Page 167b   View pdf image
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