March Court, 1754. 263.
deft. George Randall came into Court & undertook that if the sd. deft. should be condemned in this Action that he the sd. George would pay the Condemnation for him, or surrender his Body to Prison, & the deft. on his Motion hath a Special Importance granted him till the next Court. In the Action of Trespass between Samuel Bredwell Plt. & Charles Harding deft. for Plea saith he is not guilty, the [illegible] joined the Issue & the Tryal is referred till the next Court. In the Action of debt between John Knox Plt. & Thomas Riddle deft. Benjamin Robinson came into Court & undertook that if the sd. deft. should be condemned in this Action that he the sd. Benjamin would pay the Condemnation for him, or surrender his Body to Prison. And the sd. deft. having pleaded payment the Plt. joined the Issue &the Trial is referred till the next Court. In the Action of Trespass assault & Battery between William Howard Plt. & David McDualty deft. the deft. having pleaded not guilty the Plt. joined the Issue & the Tryal is referred till the next Court. In the Ejectione Firma betwwen Thomas Truman Plt. & Benjamin Badright deft. for Lands & Appurtenances in the Parish of Overwharton in this County which John Rout demised to the Plt. for a Ferm vc. as is set forth in the declaration John Peyton Gent. & George Waller acting Executors of the last Will & Testament of Charles Waller decd. being admitted defen. in the Room of the sd. Benjamin pleaded not guilty confessed Lease, Entry & Ouster & agreed to insist only on the Title at Tryal which Issue the Plt. joined & the Trial thereof is referred till the next Court. And thereupn the Plt. moving that the bounds of the sd. Lands may be asscertained before the Trial of the Issue above joined it's thereupon ordered that the Surveyor of the sd. County in Company of an able Jury of Freeholders of this County who are noways concerened by Affinity, Consanguinity or Interest nor liable to any other just exception to be summoned by the Sheriff & sworn before a Justice of the Peace for the sd. County, go upon the Lands in Controversy on the second Thursday in April next if fair, if not the next fair day, & survey & lay off the same as either Party would have it, & as the sd. Jury shall think fit having regard to all Patents & Evidences as shall be produced by either of the Parties, and report all Matters of Fact specially to the next Court & the Sheriff is to attend the Jury to remove Force (if any offered) & the Survveyor is to return three fair Plats & Reports to the Clerk's Office in due time before the day of hearing. In the Action of debt between John Graham Pltt. & Henry Wiggington & Ann Porter defts. Abraham Bredwell came into Court & undertook that if the sd. defts. should be condemned in this Action that he the sd. Abraham would pay the Condemnation for them, or surrender their Bodies to Prison. In the Action of debt between William Black Plt. & Benjamin Asbury deft. the deft. not appearing on Motion of the Plt. an Attachment is granted him against the deft's Estate for seven pouunds nineteen Shillings & eleven Pence with Interest from the first of June one thousand seven hundred & fifty two & costs returnable to the next Court.