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November Court
1741
182 A Copy of the foregoing decleration was made and sent to be served on the defendent with the writt in order for a speedy Tryall Att which which day here Came the af.d John Scarbrough by his Attorney Aforesaid and the Sheriffe to witt John Handy Gentleman now here Returned that he had taken the af.d Adam Brafford whose body hereat this day he had Ready to answer the af.d John Scarbrough of the af.d Plea as to him it was Commanded and further the same sheriffe Returned that he had served the af.d Adam Brafford with a Copy of the foregoing decleration according to act of assembly in such Case lately made and provided &a And whereupon Came hereinto Court the aforesaid Adam Brafford in his proper person and thereupon the said Adam at the prayer of the aforesaid John Scarbrough is adjudged to give Special bail to the action aforesaid but for want thereof the said Adam is Committed into the Custody of the Sheriffe of the County aforesaid thereto remain &a And afterwards in the same Court Came here John Atkinson of Sommerset County planter and Thomas Slocomb of the Same place Taylor and undertook and Each of them undertook for the afd Adam Brafford (Likewise the said Adam Brafford present herein Court in his proper person assumed upon himselfe) that if it should happen that Judgment in the plea aforesaid should be rendered for the same John Scarbrough against the same Adam Brafford or that he the said Adam should be therein Convict that then he the said Adam should pay and Satisfie unto the said John Scarbrough the Judgment of the Court thereupon or Render his body in execution of such Judgment unto the prison of the Sheriffe of the County aforesaid in Satisfaction thereof or that they the said John Atkinson and Thomas Slocomb or Each of them will do the same for him &a And the said Adam by Francis Allen his attorney Comes and defends the force and Injury when &.a and saith that he did not assume upon himselfe in manner and form as the said John above against him hath Complained and of this he puts himselfe upon the Country and the said John in like manner Therefore Command is given to the Sheriff of Sommerset County that he should Immediately Cause to Come here before his Lordships Justices twelve &.a by whom &.a and who neither &.a to recognize &.a because as well &.a And whereupon the said Adam relinquisheth his verification aforesaid by him above alledged And whereupon the parties aforesaid present herein Court in their proper persons Subscribed their dispute in this action to the arbitrament and final determination of William Arbuckle and Francis Allen of Sommerset County Gentlemen and it is agreed by and between the plft and deft afd that the afd Arbitrators return their arbitrament in writing from under their hands and Seals Immediate to his Lordships Justices in Court now here Judicially sitting and that the Court may proceed thereunto Judgment against Either of the parties aforesaid as if the Cause were determined by the Court And it is further agreed by and Between the plantiffe and defend.t aforesaid that that Submission aforesaid in manner and form aforesaid made according to the force form and Effect of the statute in such Case Lately made and provided be entered |
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Somerset County Judicial Records, 1740-1742
| Volume 861, Page 182 View pdf image |
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