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June Court
1742
292 And further the Same Sheriffe Returned that he had Served the aforesaid Woney Maclemey with a Copy of the foregoing declaration according to act of assembly in such Case made and provided Whereupon the said Woney Maclemey present herein Court in his proper person at the prayer of the aforesd David Wilson is adjudged to give Special bail to the action aforesaid Thereupon a Certain James Furnis of Sommerset County planter present herein Court in his proper person undertook for the said Woney Maclemey (Likewise the said Woney Maclemey present herein Court as aforesaid assumed upon himselfe) That if it should happen that Judgment in the plea aforesaid should be Rendered for the aforesaid David Wilson against the Same Woney Maclemey or that he the same Woney should be therein Convict that then he the said Woney Maclemey shall pay and Satisfie unto the said David Wilson the Judgment of the Court thereupon or render his body in Execution of Such Judgment to the prison of the Sheriffe of the County afd in Satisfaction thereof or that he the said James Furnis will do the Same for him And the aforesaid Woney Maclemey by Francis Allen his attorney Comes and defends the force and Injury when &.a and prays Leave thereof to Imparle hereuntill next Court to be held at dividing Creek in and for the County of Somerset the third Tuesday of March then next following and he hath it and the Same day is given to the aforesd David here also &a Att which day here Came againe as well the aforesaid David Wilson as the aforesaid Woney Maclemey by their attorneys aforesaid and whereupon the said Woney as before defends the force and Injury when &a and Saith that he did not assume upon himselfe in manner and form as the said David above against him hath Complained and of this he puts himselfe upon the Country And the aforesaid David in Like manner Therefore Command is to the Sheriffe of Sommerset County that he Should Cause to Come before the Justices of his Lordships County Court of Sommerset to be held at dividing Creek the third Tuesday of June then next Following Twelve &.a by whom &.a and who neither &.a to Recognize &.a because as well &.a and the Same day is given to the parties aforesaid there &a Att which day here Came againe as well the aforesaid David Wilson as the aforesaid Woney Maclemey by their attorneys aforesaid And the Jurors of that Jury therein Impannelled being Called some of them to witt Parker Selby Thomas Lambden Charles Dashiel John Dennis Jun.r Joshua Sturges George Tull Mitchell Jones Joseph Houston Thomas Banister and John Evans Came and Sworn upon that Jury and because the Residue of the Jurors of that Same Jury did not appear therefore Others of the by Standers are by the Sheriffe of the County aforesaid elected and at the Request of the aforesaid David Wilson and by the Command of the aforesaid Justices are newly put on whose names to the pannell within written are afiled according to the form of the Statute in Such Case made and provided which Same Jurors so newly putt on that is to Say Elias Evans and Thomas Reyley being Called Likewise Came who to Say the truth of the primisses aforesaid together with the Other Jurors aforesaid before Impannelled and Sworn being Elected tryed and Sworn upon their Oath Say that the aforesaid Woney Maclemey did assume upon himself in Such manner and form as the aforesaid David Wilson above against him hath Complained and assessed the damage of the Same David beyond his Costs and Charges by him about his Suit in that part Apposed to Eleven pounds Currant money of Maryland |
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Somerset County Judicial Records, 1740-1742
| Volume 861, Page 292b View pdf image |
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