Volume 861, Page 2 View pdf image |
August Court
1740
2 is damnifyed twenty pounds Curr.t money of Maryland and thereof she brings suit &a And she brings into Court here the testamentary letters of the said Benj.a to her in due form of Law by Neh King Gent Deputy Commissary of the said County granted which testify &a pledg.s &c J Doe R Roe A Copy of the foregoing declaration was made and sent to be served on the defend.t in Order for Speedy Tryall Att which day here Came the aforesaid Elisabeth Hollond by her attorney afd and the sheriffe to wit John Henry Gent now here returned that he had taken the aforesaid Edward Clark whose body here at this day he had ready to answer the aforesaid Elisabeth Holland of the aforesaid plea as to him it was Commanded And further the aforesaid sheriffe returned that he had served the aforesaid Edward Clark with a Copy of the declaration above said According to Act of Assembly in such Case provided &.a Whereupon Came hereinto Court the said Edward Clark in his proper person and thereupon the said Edward at the prayer of the aforesaid Elisabeth ^adjudged to give special bail to the action af.d but is^ Committed into the Custody of the Sheriffe for want thereof &a and afterwards in the Same Court Came a Certain William Dolby of the County aforesaid Taylor in his proper person and undertook for the said Edward Clark [Likewise the said Edward Clark present herein Court in his proper person ^as af.d^ assumed upon himselfe) that if it should happen that Judgment in the plea aforesaid should be rendered for the same Elisabeth against him the said Edward or that he the same Edward should be therein Convict that then he the said Edward should pay and satisfie unto the same Elisabeth the Judgment of the Court thereupon or render his body in Execution of such Judgment to the prison of the Sheriffe of the County aforesaid in Satisfaction thereof or that he the same William Dolby will do the same for him &a thereupon the said Edward is discharged from the Commitmt aforesaid &a Whereupon the said Edward Clark by William Arbuckle his attorney Cometh and defendeth the force and Injury when &.a And the afd Elisabeth prays that the aforesaid Edward to her declaration aforesaid may answer Whereupon the aforesaid Edward hath day to him gibven by the Court here untill thursday the third day of this term to answer &a and the same Edward at the same day solemnly Called Came not nor the same attorney of the aforesaid Edward for the same Edward nothing thereof Saith in bar or preclusion of the action af.d of the afd Elisabeth by which the same Elisabeth remaineth thereof undefended By Reason whereof the same Elisabeth her damages by occasion of the premisses against the aforesaid Edw.d Ought to recover Whereupon at the prayer of the aforesaid Elisabeth and by the assent of the same Edward the Justices here according to act of assembly in such Case thereof Lately made and provided assessed the damages of the same Elisabeth by Occasion of the non performance of the promise and assumption aforesaid ^beyound her Costs and Charges by her about her suit in this part Expended^ to twelve pounds Eleven Shillings and three pence Curr.t money of Maryland Therefore it is Considered that the aforesaid Elisabeth Holland Executrix of the aforesaid Benjam,in Holland Recover against the afd Edward Clark her Damages aforesaid to the aforesaid Twelve pounds Eleven shillings and three pence Current money of Maryland by the Justices afd in form aforesaid assessed as also three hundred and Sixty five pounds of tobacco for her Costs and Charges to the same Elisabeth at her request by the Court here adjudged and the aforesaid Edward in Mercy &c
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Volume 861, Page 2 View pdf image |
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