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Somerset County Judicial Records, 1740-1742
Volume 861, Page 193b   View pdf image
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                        November Court                                   1741                         193

and one pounds of tobacco for the like quantity of tobacco by the said Levin for the said James at the Especiall request and
Instance of the said James to a Certain Francis Porter before that time paid and so being thereof indebted on Consideration thereof
afterwards to wit the day and year af.d at the County af.d upon himself did Assume and to the said Levin then and there faithfully
promise that he the said James the said last named quantity of tobacco when he should afterwards be thereto required to the
said Levin would faithfully pay and Content  Nevertheless the said James his Severall promises and assumptions af.d in form af.d
made not regarding but minding and fraudulently intending the said Levin in that part Craftily and Subtilly to deceive and defraud
the said Severall Sums of tobacco above named or any part thereof to the said Levin hath not paid or him for the same in any Sort
hitherto Contented but that to doe altogether hath refused and still doth refuse altho' thereto afterwards to with the day and year af.d at
the County af.d and often since that time by the said Levin required whereupon the said Levin says he is damnified Sixty five pounds
Curr.t money of Maryland and thereof he brings Suit &c                                                            Pledg.s &c J Doe & R Roe

             And the af.d James Townsend by his Attorney af.d Comes and defends the force and Injury when &.c 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 Tuesday of June then next Following
and he hath it and the same day is given to the af.d Levin here also &c

                Att which day here Came again as well the af.d Levin Gale as the af.d James Townsend by their Attorneys af.d and
whereupon the af.d James prays 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 August then next Following and he hath it and the same day is given to the af.d Levin here also &c

                   Att which day here Came again as well the af.d Levin Gale as the af.d James Townsend by their Attorneys af.d and
whereupon the af.d James Townsend as before defends the force and Injury when &c  And saith that he did not Assume in manner
and form as the plantiff above against him hath Complained and of this he puts himself upon the Country &.c  And the said Levin
in like manner
                            Therefore it is Commanded the sheriffe of Somerset County that he should Cause to Come before the Justices
of his Lordships County Court of Somerset to be held ^at^ dividing Creek the third tuesday of November then next Following twelve &c
by whom &c and who nither &c to recognize &c because as well &c  And the same day is given to the af.d parties here &c  Att which day
before his Lordships Justices at a Court then held at dividing Creek in and for the County af.d Came as well the af.d Levin Gale as the af.d
James Townsend by their Attorneys af.d and the Jurors of that Jury being Called some of them to witt David Polk John Woolford
John George Tull Ephraim Waggaman William Nelson James Polk Moses Mills and William Gray 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 ellected by
the sheriffe of the County af.d and at the request of the af.d Levin Gale and by the Command of the af.d Justices are newly put on
whose names to the pannell within written are affiled According to the form of the Statute in such Case made and provided which said
Jurors so newly put on to witt Benjamin Langford John Webb Wonney MccClemmy and Thomas Pollitt being Called Likewise
Came who to say the truth of the premisses af.d together with the ^other^ Jurors af.d first Impannelled and Sworn being Ellected tryed and
Sworn upon their Oath say that the af.d James Townsend did assume upon himself in manner and form as the af.d Levin Gale
                                                                                                                                                                               above


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Somerset County Judicial Records, 1740-1742
Volume 861, Page 193b   View pdf image
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