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Somerset County Judicial Records, 1740-1742
Volume 861, Page 47b   View pdf image
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                 November Court                              1740                       47

       Att which day here Came againe as well the af.d Duncan Murray as the af.d Abraham Smith by their
attorneys af.d  and Whereupon the same Abraham Smith as before defends the force and Injury when &c  and
sayeth that he did not assume upon himself in manner and form as the said Duncan above against him hath
Complained and of this he puts himself upon the Country &.a   And the said Duncan in Like manner

                Therefore the sheriffe is Commanded 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
&.a by whom ^&a^ and who neither &.a to Recognize &.a because as well &.a and the same day is given to the parties
af.d thereof &.a  Att which day here Came the said Duncan Murray by his attorney af.d and the af.d Abraham Smith
Altho Solemnly Called Came not but made default      Therefore Lett the Jury whereof aforesaid is made
mentioned be taken against him by default   And the Jurors of that Jury being Called some of them (that is to say)
John Dennis Jun.r Thomas Williams Jun.r Christopher Piper Henry Schoofield William Turpin George
Tull Joshua Sturgiss Robert Mitchell Mathew Kemp and John Perkins Came and were sworn upon
that Jury and because the Rest of the Jurors of that same Jury did not appear therefore others of the bystanders
are by the sheriffe of the County aforesaid Elected and at the Request of the af.d Duncan Murray and by the
Command of the af.d Justices are newly put on whose names to the pannell within written are affixed According
to the form of the statute in such case made and provided which same Jurors so newly put on (that is to say) John
Horsey and John Davis being Likewise Called Came who to say the truth of the premisses af.d together with
the other Jurors af.d before Impannelled and sworn being Elected tryed and sworn upon their Oath says that
the aforesaid Abraham Smith did assume upon himself in manner and form as the af.d Duncan Murray
above against him hath Complained and assessed the damages of the same Duncan Murray by Occasion
of the non performance of the promise and assumption af.d by him beyond his Costs and Charges by him
about his suit in that part apposed to twenty pounds Currt money of maryland and for those Costs and
Charges to one pounds of tobacco
   
                                  Therefore it is Considered that the af.d Duncan Murray Recover against the af.d
Abraham Smith his damages af.d by the Jurors af.d in form af.d assessed Also Nine hundred and twenty
920                           pounds of tobacco for his Costs and Charges af.d to the same Duncan by the Court here of
his assent of Increase Adjudged which Certain damages in the whole amount to Twenty pounds Currt money
of maryland and Nine hundred and Twenty One pounds of tobacco and the af.d Abraham in mercy &a


GD  William Kitchen
                  agt
RH  FA  Francis Porter
WA
 Command was given to the sheriffe of Somerset County that he should take Francis Porter
late of Somerset County planter if he should be found in his bailywick and him should safe keep so

that he might have his body before the Justices of his Lordships County Court of Somerset to be
                                                                                                                                                                                        held


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Somerset County Judicial Records, 1740-1742
Volume 861, Page 47b   View pdf image
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