Provincial Court Proceedings, 1658. 165

Vppon the demand of the plf , concerning a Steare, killed by the

deft & belonging to the plf, The deft alleageth th^t he sent to the plf,
concerning the mark of the Steare, & if th^t it did belong unto him,
to come & mak claime thereof, & hee would satisfy him therfore.
Thomas Griffin sworne sayth, That there was a Steare killed att
his Masters howse, w^ch was not marked w^th his masters marke.
Respited till next Prouinciall Court.
The Court adiorned by the Gouerno^r till afternoone.

Thursday afternoone All p^ent as afore (Except M^r Nath: Vtye

Liber
P. C. R.

Barnaby
Jackson v.
William
Stone

The ptf producing a Bill or Couen^t, signed by the defts, for fowre
hund^d & fowrty pownds of Tob in cask, The deft alleageth, that hee
is sued for the Bill, before th^t Tob is cured or payable, & promised
the plf to pay him Two months agoe. It is Ordered th^t both parties
bare their owne charges, & th^t the deft pay the plf fowre hund^d &
fowrty pownds of Tob in cask, when the Tob is cured & payable.

Philip Land
v. Emperor
Smith

Vppon the Petⁿ of the plf, alleaging th^t hee was arrested in Charles
County for debt, & being proued th^t the Debt for w^ch the plf was
arrested was not due (as by the s^d Order in th^t Court may appeare)
& likewise hee being prisoner from the 27^th of July, untill the 20^th
of August following he only demandeth of the deft satisfaction for
his trouble & charges of suite. The deft sayth, th^t it was a mistake in
the Sheriffe, & allso th^t hee agreed w^th the ptfs mate, for the charge.
John Neuill aged 40 yeares or therabouts sworne Sayth That
Thomas Baker & this Depon^t walking in the s^d Bakers plantaon, The
s^d Baker told this Depon^t th^t Will^m Marshall & he the s^d Baker had
agreed, & this was about Sunday was fortnight, & further this Depon^t
remembers th^t Thomas Baker sayd it was for a wrong action, &
further sayth not.
Will^m Robinson aged 24 yeares or thereabouts sworne Sayth, That
hee this Depon^t about the first weeke in Septemb^r last, did heare
Thomas Baker say (as he the s^d Baker came from the last Court held

Empson v.
Marshall

att Wicocomoco, in company w^th Will^m Empson & Will^m Marshall)
that Will^m Marshall profered them 40^l Tob p^e day for their Court
charges, & after a little consideraon they did agree, & it was to bee
sett on the backside of the Bill, & further this Depon^t sayth not.
And it appearing by the fores^d oathes th^t there was an agreem^t
made. It is Ordered th^t the plf be nonsuited, not hauing any iust
cause of accon.

p. 123

Vppon the demand of the plf, agst Cap^t Will^m Mitchell deft, It is
ordered th^t the Attatchm^t be continued, & th^t the plf send the deft
word concerning the accounts specifyed in the Bill, & if the deft
appeare not att the next Prouinciall Court, uppon sufficient notice
gyuen, Then the Court to proceed to Judgm^t

Stone v.
Mitchel