210 Court and Testamentary Business, 1649 50.

        Liber B.   and killed, or otherwise Secured from anoyance, and his Ldps

              Attorney on his Ldps behalfe claimed Some right in the Said

              Cattle, and others disagreeing in the ways propounded of

              Shareing the Same the Court conceiveth that a busieness of

              Such Generall concernment and wherein his Ldp as the

              Attorney Generall now alledged was interrested, was more

              proper to be determined by An Assembly then by order of

              Court. It is thereupon ordered that the determination hereof

              be referred to the next Assembly.

              Phillip Hide plt     The Complainant nor any for him ap

              mr William Eitonhead deft     pearing at this Court to prosecute, the

            defendt haveing appeared upon Summons and attended to

                       Answer ilils being the last day of the Court which

               being now upon rising It is ordered that the Sd

              Stands Good. Complts Suit be dismissed for want of prosecution

               Tho:     Hatton

                       with one hundred pounds of Tobacco to be paid

              by him to the defendt for his Charge and trouble herein Sus-

              tained

                     The Court riseing the Governour appointed the next

                     Provinciall Court to be held at St Maries the 20th day

                     of January next

                Mem that the two last forgoeing Entrys are Crosst out in the

              orriginall Record Booke.

              Capt Willm Mitchell pite, major The plantiffe Sues for an Extent

              Leavin Buskin by mr Cuthbart of the house and plantacon call St

              ffenwick his Attorney defendt Thomas where he now dwelleth, for

              Satisfaction of a Servant Conditioned to be paid by the de-

           p. 373 fendant to the plantiffe the last yeare, and Eight hundred forty

              & one pound of Tobacco Claimed by Accompt, for Nailes and

              other Necessaries used about the Said House, the defendants

              Attory makeing no objection as touching the Said Servant or

              Accompt, wch Accompt was now also Justified by the Oath of

              Richard Hodgkins, It is ordered that the Compit his Executrs

              and assignes Shall have the said house & plantation on Extent

              till the Said Servant and Tobacco be paid to the Said Com-

              plainant having by his oath now taken denyed Ever to have

              received any Satisfaction either for the Said Servant or upon

              the Said Accompt.

                       The Court rising the Governour appointed the

                       next Provinciall Court to be held at St Maries the

                       20th day of January next,