160 Provincial Court Proceedings, 1658.

Liber
P. C. R.

May it therfore please this hon^ble Court, to Order th^t the marke
may bee restored (hee the s^d Cap^t Euans neuer hauing had any
Cattle or hoggs of the s^d marke) againe to yo^r Pet^r w^th dammages &
charges of suite & hee shall pray &c :
The plf (besides what is alleaged in his Petⁿ) sayth, That his
mark is of a long standing, allthough not heretofore recorded, & the
deft claymeth the marke, according to an Act of Assembly prouiding
in th^t behalfe, & as first recorded by him.
The Gouerno^r requesteth the Councell to deliuer their Judgm^ts
seuerally in this Cause.
Whereuppon M^r Baker Brooks Sayth, That M^r Gerard not finding
any Bill of Sale of any of his cattle uppon Record, is to loose his
mark; & Cap^t Euans recording the marke first, to haue the marke.
M^r Nath: Vtye. That according to the Law & presidents of the
prouince the marke to belong to Cap^t Euans.
Cap^t John Price. Cap^t Euans to keepe the marke according to Act
of Assembly.
Cap^t Will^m Stone. That M^r Gerard keepe his marke & stand to
the Censure of the Court for his neglect according to the Act.
M^r Secretary. The marke to be to Cap^t Euans as the first marke
uppon Record.
Gouerno^r concurreth w^th the former opinion.

Vid. the
mark, fol. 25

Cap^t Will^m Euans att the Gouerno^e request doth assigne back his
marke, unto M^r Thomas Gerard, W^ch the s^d Gerard enters for the
marke of the Lord of S^t Clem^ts manno^e.

Philip Cal-
vert's ear
mark

mark of Cattle. Philip Caluert Esq^r Recordeth his mark &c: Viz.
The left eare Crop'd The Right eare ouerkeel'd.

Lord v.
Mathew
Stone
p. 118

The deft being twice arrested, alleaging th^t it is a Play debt only,
& the plf neuer appearing to prosequute, It is Ordered th^t the dft bee
from henceforth quitt from all accons concerning that suite & to
haue Court charges, & th^t James Veitch bring in the Bill to the next
Court to be cancelled.

Gerard v.
Evans and
Maunsell

The plf demandeth Six hund^d fifty one pownds of Tob uppon Bill
w^ch he produced in Court. And it appearing to the Court, That the
Wittnesses are lyuing in Charles County, who can testify that the
Tob uppon this Bill, was payd to James Hare, as M^r Gerards At-
torney, for the s^d M^r Gerards use, It is thereuppon Ordered that this
Cause bee sent downe to the County Court, in Charles County, to be
there heard & determined.