County of Brant Public Library Digital Collections
Summons and Declaration: Luck vs. Owles & Langs
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Description
Media Type:
Image
Text
Item Type:
Documents
Description:
A document of summons and declaration addressed to the sheriff of Gore district dated the thirtieth of December 1837 in the case of James Luck vs. John Owles and John Langs in what appears to be over the matter of an unpaid sum of forty pounds.
Inscriptions:
Upper Canada Gore District [illegible]

Victoria by the Grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith

To the Sheriff of the Gore District greeting

We command you that you summon John Owles and John Langs of your district, to appear either in person or by their attorney at our district Court, to be [holden?] in the town of Hamilton, in the paid district, on Saturday the thirty first day of March to answer the complaint of – James Luck, of a plea of debt on recognizance. For that whereas the said defund debts, heretofore [towit?], on the seventeenth day of July in the tear of Our Lord one thousand eighteen hundred and thirty five [towit?] at Hamilton, in the said district, give before one John Miller, then and there being a commissioner duly appointed and empowered to take recognizances in and for the Gore District, [then?] and there, to wit, on [illegible]day and year last aforeward, to wit, at Hamilton aforesaid before the said John Miller, so being such [commissions?] as aforesaid, became pledge and bail for one John Miller and then and there did [j-illegible] and [severally?] undertake that if it should happen that the said John Miller should be convicted of the suit office said plaintiff (in a certain plea of trespass on the ease upon [illegible] dowage of the said plaintiff of Forty ------- pounds then de[illegible] in their honorable [illegible] by and at the suit of the said plaintiff ----- against the said John Miller he the said John Miller should sa[illegible] by the [costs?] and [condsumation?] money, of [illegible] [fines?] [illegible] custody of the Sheriff of the Gore District, or they the said defendant would do for him; which said recognizance, aforeward took on the seventeenth ------ day of July aforesaid in the year aforesaid towit, at Hamilton aforesaid, in the Gore District, was duly [transmitted?] by the said John Miller so being [work?] commissioner as aforesaid [illegible]

[2]
At the office of the Clerk of this Honourable Court and thereupon the said recognizance at the request of the said plaintiff was then and there duly [illegible] and recorded in the said Court as by the record thereof still [illegible] the said Court more fully appears. –

And though the said plaintiff afterwards towit, in June and July – [illegible] in the sixth and seventh years years of the reign of our Lord the late King in the said Gore district Court by the consideration and judgement of the said Court, appeared in the said plea against the said John Miller thirty pound, fourteen shillings and four pence for his damages which he had sustained as will on [account?] of his not first forusing certain [illegible] and undertaking then lately [illegible] the said John Miller [illegible] the said plaintiff, as for his costs and charges by him above his suit [illegible] that behalf [illegible] as by the record and process [illegible] [illegible] of title [illegible] in the said Gore district Court, more fully appears. --------

Yet the said John Miller hath not paid to the said plaintiff the said damages or any part thereof nor [illegible] himself on that --- occasion to the custody of the Sheriff of the Gore District according to the form and [illegible] of the said recognizance, and as well the said recognizance as the said judgement title [remains?] in full force and effect, in no wise [illegible] [illegible] or discharged. And the said plaintiff hath not as yet [illegible] any execution of the said judgement, whereby and according to the form and effect of the said recognizance [in?] action hath accrued to the said plaintiff to demand and have [illegible] from the said defendant the said sum of Thirt[y?] pounds fourteen shillings, and four pence in [from?] aforesaid recovered and above demanded yet the said defendants although of the requested

[3]
So to do have not as yet paid the said sum of thirty pounds, fourteen shillings, and four pence have demanded or any part thereof to the said plaintiff. [But?] they to do this have hitherto wholly refused, and [illegible] do refuse to the damages of the said plaintiff of Forty ------------- and therefore [illegible]

Witness [Miles?] O’Reilly Esquire [illegible] Our Gore District [Fourth?] this [thirtieth?] day of December, in the year of Our Lord one thousand eight hundred and thirty seven, and in the [illegible]

[Signatures]

Date of Original:
December 30, 1837
Subject(s):
Local identifier:
2017NL001.22
Collection:
Langs Family Personal Collection
Language of Item:
English
Copyright Statement:
Copyright status unknown. Responsibility for determining the copyright status and any use rests exclusively with the user.
Recommended Citation:
Summons and Declaration: Luck vs. Owles & Langs, 30 December 1837. Langs Family Personal Collection, Item No. 2017NL001.22
Terms of Use:
The information and images provided are for personal research only and are not to be used for commercial purposes. Use of this information should include the credit "Provided by the Langs Family"
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Summons and Declaration: Luck vs. Owles & Langs


A document of summons and declaration addressed to the sheriff of Gore district dated the thirtieth of December 1837 in the case of James Luck vs. John Owles and John Langs in what appears to be over the matter of an unpaid sum of forty pounds.