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August Court
1734
201 his damages by Occasion of the non performance of the promise and assumption afd against the said Francis Ought to recover but because it is not known what damages the afs.d William hath sustained by occasion of the non performance of the promise and assumption afs.d therefore it is commanded the Sherriff of somerset ^County^ that by the oath of honest and Lawfull men of his bailywick he diligently Enquire what damages the same William has sustained as well by occasion of the non performance of the promise & assumption afs.d as for his costs and charges by him about his Suit in that part apposed and the Inquistion which thereupon he should take to the Justices of his Lordships County Court of somerset to be held at dividing Creek the third tuesday of Novemr next under his seal and the seals of those by whose oath he should make that same Inquisition he send together with the writt therof to him directed &.c and the same day is given to the same William there &.c Att which day before the Justices of his Lordships County Court of Somerset at dividing Creek Cometh the afd William Gunn by his attorney afd and the sherriff sends not thereof the writt therefore as before it is Commanded the sherriff that by the Oath of honest and Lawfull men of his bailywick he Should diligently Inquire in form afd &.a and the Inquisition which &.a to the Justices of his Lordships County Court of Somerset to be held at dividing Creek the third tuesday of March anno Dom one thousand Seven hundred and thirty three under his seal &.a and the seals &.a he send together with the writt thereof to him directed &.a and the same day is given to the afd William there &.a Att which said third tuesday of march to witt the ninteenth day of the same month anno Dom One thousand seven hundred and thirty three Came againe the said William Gunn by his attorney afd and the Sherriff to witt Joshua Caldwell Gent Return'd a Certain Inquisition Indented and taken before him at Wickacomoco in the County aforesaid the day of anno Dom One thousand seven hundred and thirty three by the Oath of Honest and Lawfull men ^of his bailywick^ by which it appears that the afd William Gunn hath not Sustained any damages by Occasion of the non performance of the promise and assumption afd &a Whereupon the said William Gunn by his attorney afd prays the Court here that for as much as it doth appear by the Inquisition afd that the Jurors did not assess any damages for the afd William which according according to the tenor of the writt afd they Ought and that the same Inquisition may be altogether held for naught and that a new writt to the sherriff of the County afd may Issue &.a which is by the Court to him Granted &a Thereupon as before it is commanded the Sherriff that by the oath of honest and Lawfull men of his bailywick he should diligently Inquire in form afs.d &.c and the Inquisition which &.c to the Justices of his Lordships County Court of somerset to be held at Dividing Creek the third tuesday of June next under his seal &.c and the seals &.c he send together with the writt thereof to him directed &.c and the same day is given to the afs.d William there &.c Att which said third tuesday of June to witt the Eighteenth day of the same month anno Dom One thousand seven hundred and thirty four Came againe the said William Gunn by his attorney afd and the sherriff to witt Joshua Caldwell |
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Somerset County Judicial Records, 1733-1735
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