Garland, Peter v. Hayes, William, Asgn of: Judgment, Lunenburg County
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had legal notice of this motion, he was solemnly called but came not. Therefore it is Considered by the Court that the plaintif recover against the said Defendant Two hundred and fifty five pounds seven shillings and one penny the Penalty of the said Bond, and his costs by him in this behalf expended, But this Judgment is to be discharged by the payment of one hundred and Twenty seven pounds thirteen shillings and six pence half penny Together with Interest for the same to be Computed after the rate of five per Centum per annum, from the fourth day of September one thousand seven hundred and Eighty nine till the Time of payment;
From which Judgment the Defendant prayed an appeal to the first day of the next District Court to be held at Brunswick Courthouse, on the Twenty ninth Day of april next. which is granted whereupon he gave Bond and Security according to Law for that purpose
Know all men by these presents, that we Peter Garland, Jonathan Patteson and John Ballard are held and firmly bound unto Nathan Jones assignee of William Irby who was assignee of William Hayes in the sum of Three hundred pounds To the which payment well and Truly to be made We bind our selves our heirs executors and administrators Jointly and Severally firmly by these presents Sealed with our Seals and dated this Tenth day of December one thousand seven hundred and Eighty nine The Condition of the above obligation is such that whereas in a certain motion on a Delivery Bond prosecuted in Lunenburg County Court by the above Named Nathan Jones assignee of William Irby who was assignee of William Hayes against the above bound Peter Garland, at a Court held for the said County the Tenth day of December 1789 before the Justices of the said County by the Judgment of the said Court recovered Judgment against him in that behalf expended, and the said Peter Garland having prayed an appeal from the above said Judgment to the first Day of the next District Court to be held at Brunswick Court house on the Twenty ninth of april next If therefore the above bound Peter Garland shall prosecute the said appeal with effect, and perform the Judgment of the said District Court therein, and if the Judgment of the County Court shall be affirmed in the said District Court, the said Peter Garland do well and Truly pay to the said Nathan Jones assignee of William Irby who was assignee of William Hayes 10 per cent upon the sums with Costs in that behalf expended, Then the above Obligation to be Void or otherwise to remain in full force and Virtue Peter Garland (Seal) Jonathan Patteson (Seal) John Ballard (Seal)
Sealed and Delivered in the presence of the Court . A Copy Teste Wm Taylor Ck