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March Court
1740
88 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 John here also &c Att which day here Came again as well the af.d John Wildman as the af.d Francis Porter by their Attorneys af.d and whereupon the said Francis prays further Leave thereof to Imparle here untill next 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 John here also &c Att which day here Came againe as well the aforesaid John Wildman as the aforesaid Francis Porter by their attorneys aforesaid And whereupon the same Francis Porter as before defends the force and Injury when &.a and says that he did not assume upon himselfe in manner and form as the said John above against him hath Complained and of this he puts himselfe on the Country and the plaintife in like manner Therefore it is Commanded the sheriff that he should Cause to Come here Immediately before his Lordships Justices Twelve &.a by whom &.a and who neither &.a to Recognize &.a because as well &.a and the Jurors of that same Jury by the Sheriffe of the County aforesaid to this Impannelled And for as much as it appears to the Court here that the aforesaid John Wildman and the aforesaid Francis Porter had agreed to Submitt and refer their dispute in this action now here depending between them to the arbitrament and determination of George Douglas and William Arbuckle of Somerset County Gentlemen so that they publish their arbitrament in writing under their hands Immediately to this Court and further it appears to the Court here that the parties aforesaid had submitted and agreed that the Justices here should give Judgment upon the same arbitrament against Either of the parties afd as if the same Cause were determined by this Court and it is further agreed between the parties aforesaid that that Submission in manner and form aforesaid made be made a rule of this Court Therefore it is Ordered that the Submission aforesaid in manner and form afd made according to the force form and Effect of the Statute in that part Lately made and provided be Entered and made a rule of this Court upon the Motion of the aforesaid John Wildman and Francis Porter And afterwards the Same Arbitrators at the Same Court altho' Solemnly required Came not nor made any arbitrament agreeable to the Submission aforesaid between the parties aforesaid Thereupon day is given to the arbitrators aforesaid by the Court here untill next Court to be held at dividing Creek the third Tuesday of March then next Following for the returning of their arbitrament in the premisses afd between the parties afd and the same day is given to the parties afd here &a Att which day here Came againe the parties afd and the afd arbitrators returned here their arbitrament in the premisses aforesaid between the parties afd in form following pursuant to the Submission made to us by John Wildman plantiffe and Francis Porter deft according to the statute we adjudge and decree that that the said Francis Porter pay or is Indebted to the same John the sum of forty five Shillings Currt money of maryland with the Cost of suit Given under our hands this 24th day of March 1740 Geo: Douglas Will: Arbuckle Which being Read and heard and fully understood It is Considered by the Justices here that the afd |
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Somerset County Judicial Records, 1740-1742
| Volume 861, Page 88b View pdf image |
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