Wm Wikoff Qui tam &c< v. John Holmes and Sol. Ketcham |
} | ..... £10,000 |
Ex...
Jan: 3 1780 filed &c
be ... ... Anderson [Clk]
Common Pleas | Of the term of October [Jany] in the Year of our Lord one thousand seven hundred and seventy nine |
County of Monmouth ss: John Holmes and Solomon Ketcham [were] attached to answer as well to the State of New Jersey as to William Wikoff who as well for the State of New Jersey as for himself in this part prosecuteth in a plea that he render as well to the said State as to the said William Wikoff who as well for the said State as for himself in this behalf prosecuteth twenty thousand pounds, which to these he [withholds] and unjustly doth detain and Whereupon the said William Wikoff who as well &c by William Willcocks his Attorney doth complain, that whereas in and by a certain act of the Council and General Assembly of the State of New Jersey made and passed the eighth day of October in the year of our Lord one thousand seven hundred and seventy eight it is among other things enacted, "That it shall and may be lawful to and for any detachment or guard of the regular forces of the United States, or of the Militia of this State and to and for any person or persons whatsoever to seize and secure any provisions, goods, wares and or merchandize attempted to be carryed or conveyed into, or brought from within the Lines, or encampments, or any place in the possession of the subjects or troops of the King of Great Britain," as ..... by the said Act referenced being thereunto had may more fully and at large appear, and whereas also in and by one other act of the Council and the General Assembly of the State of New Jersey aforesaid made and passed the eleventh day of December in the Year last aforesaid it is among other things also enacted, That each and every person in whose possession any provisions goods wares or merchanidize may be seized as aforesaid shall besides such provisions goods wares and merchanidize forfeit to the amount of the value thereof to be recovered in an action of Debt by any person who will sue for the same in any Court where such suit may be cognizable, one half to the use of the prosecutor and the other to the use of the State"-- As by the said Act reference being thereunto had may more fully and at large appear-- And the said William Wikoff in fact saith that the said John Holmes and Solomon Ketcham after the passing of the acts in part above recited and before the Commencement of this Suit, that is to say on or about the twenty fourth day of May - in the year last mentioned at Shrewsbury in the County of Monmouth and within the Jurisdiction of this Court, did attempt to carry and convey from within the Lines or Incampments or some place in the possession of the subjects or troops of the King of Great Britain certain Goods wares and merchandize so as aforesaid Attempted which said goods wares and merchandize so as aforesaid attempted to be carryed and conveyed as aforesaid by the said John and Solomon were seized and condemned and sold at public Vendee as in and by the said act in part before recited is set forth and directed, and as by the same reference being being thereunto had may more fully and at large appear and that the amount of the value thereof was twenty thousand pounds. Whereby an action hath accrued to the said State of New Jersey and the said William Wikoff who as well for the said State of New Jersey as for himself in this part prosecuteth to demand and have of the said John Holmes and Solomon Ketcham the said sum of twenty thousand pounds Nevertheless the said John Holmes and Solomon Ketcham all...... after acquird & the said sum of twenty thousand pounds or any penny thereof to the said State of New Jersey and to the said William Wikoff who as well &c or to the either of them hathve not yet paid but the same to pay hathve altogether refused, and as yet doth refuse to the damage of the said William Wikoff who as well &c five thousand pounds, and thereof as well for the said State of New Jersey as for himself he bringeth suit &c
Wm Willocks Attorney for .... }Pleg....
County of Monmouth ss: William Wikoff puts in his place William Willcocks his Attorney in a place against John Holmes and Solomon Ketcham in a plea of Debt.