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Somerset County Judicial Records, 1740-1742
Volume 861, Page 48b   View pdf image
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                          November Court                        1740                               48

as aforesaid (assumed upon himselfe) that if it should happen that Judgment in the plea aforesaid should be rendered for the same
William Kitchen against the aforesaid Francis Porter or that he the said Francis Porter should be therein Convict that then he
the said Francis Porter should pay and satisfie unto the said William Kitchen the Judgment of the Court thereupon or Render the
his body in Execution of Such Judgment to the prison of the Sheriffe of the County af.d in Satisfaction thereof or that he the same
William Stevens will do the same for him &c

                      And the af.d Francis Porter by Robert Jenckins Henry his Attorney Comes and defends the force and Injury when &a
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
August then next following and he hath it and the same day is given to the af.d William Kitchen here also &c

                      Att which day here Came again as well the af.d William Kitchen as the af.d Francis Porter by their attorneys af.d and
whereupon the same Francis Porter prayeth 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 November then next following and he hath it and the same day is given to the af.d William
Kitchen here also &c
                                     Att which day here Came again again as well the af.d William Kitchen as the af.d Francis Porter by their attorney
attorney af.d and Whereupon the said Francis as before defends the force and Injury when &c   And says that he did not assume upon
himself in manner and form as the af.d William above against him hath Complained and of this he puts himself upon the Country &c
and the Plft in Like manner
                                                             Whereupon the parties aforesaid present here in Court in their proper
persons submitted their dispute in this Cause to the arbitrament and final determination of James Martin
George Dashiel and Samuel Wilson of Somerset County Gentlemen or any two of them  And it is agreed by and
between the parties aforesaid that the arbitrators aforesaid or any two of them return their arbitrament in writing
from under their hands Immediatly to the Justices of his Lordships County Court of Somerset now here held at dividing Creek
that the same Justices may proceed thereon to Judgment against Either of the parties aforesaid as if the Same Cause were
determined by the Court  And further it is agreed by and Between the parties aforesaid that that Submission be made
a rule of this Court      Therefore it is Ordered by the Court here that the submission aforesaid in manner and form aforesd
made according to the form and Effect of the statute in that Case Lately made and provided be entered and made a rule of this
Court on the motion of the parties aforesaid
                                                                            And afterwards Immediately in the Same Court Came the aforesaid
arbitrators and made return of their arbitrament in the premisses aforesaid between the parties afd in form following
    We have setled the accounts between William Kitchen and Francis Porter and find the Ballance to be in
William Kitchens favour fifteen pounds Eleven Shillings and One penny Currant money of Maryland besides his
Costs this present suit               Geo Dashiell James Martin Samuel Wilson

          Which being read and heard
                                                       It is Therefore Considered that the aforesaid William Kitchen Recover
against the aforesaid Francis Porter his damages aforesaid to the afd fifteen pounds Eleven Shillings and One
423   penny Currant money of Maryland by the abitrators ^afd^ in form afd found as also
                                           pounds of tobacco for his Costs and Charges to the same William Kitchen here by the Court of
his assent adjudged which Certain damages in the whole amount to fifteen pounds Eleven Shillings and One penny Currant
money of Maryland and                                                                  pounds of tobo and the afd Francis in Mercy &c


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Somerset County Judicial Records, 1740-1742
Volume 861, Page 48b   View pdf image
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