Provincial Court Proceedings, 1658. 241

To the first Cow calfe he sayth th^t M^r Ouerzee told him, how th^t

one John Stratton hath since layd claime to: affirming th^t the marke
was his marke
Examined by me Will^m Bretton.

The Depos" of Edward Good aged 25 yeares or thereabouts, Sayth
That in this Depon^ts hearing Will^m Hampsted demanded of M^r
Ouerzee Two Cowes & Two Calfes, W^ch hee promised to deliuer to
him att the next returne of the Sloope, in S^t Georges Ritier, & this
was 5 yeares agoe come next Spring & further sayth not.
Sworne & Examined before me Rob^t Taylor.

And the deft produceth a Receipt for one Cow payd for the plfs
use in Virginia & alleageth how th^t hee payd another Cow to the plf
himselfe, out of his owne pen here in Maryland.

Liber

P. C. R.

Receaued of Symon Ouerzee by my Attorney in Lin-hauen M^r
Richard Richardson one Cow w^th her encrease as wittnes my hand
this 19 feb. 1655. William Hampsted
Test, William Eale Theophilus Rogers.

M^r Nicholas Yowng informes the Court th^t in his presence that
calfe was marked of M^r Ouerzees marke, w^ch was made choyce of by
M^r Richardson for the plfs use. But hauing notice thereof M^r
Ouerzee caused it to bee marked againe of another marke, but
remembreth not what the marke was.
The Court see noe Cause of Accon, & thereuppon nonsuite is
graunted agst the plf on behalfe of the deft.

P. 198

Vppon the plfs writt of Scire facias for Three hund^d pownds of
Tob, besides Two hund^d pownds of Tob charges, & costs of suite ouer
& aboue the s^d Two hund^d pownds of Tob, w^ch the ptf obteyned agst
the deft Att a Court held att Patux^t the 17^th of ffeb 1657, as by the s^d
Order more att large appeareth. The deft appeares & alleageth th^t
hee hath payd Two hund^d & fiueteene pownds of Tob, to Cap^t Will^m
Stone in satisfaction of that Debt, W^ch not appearing to the Court,
th^t it was payd in behalfe of the plf, & for th^t peculiar Debt; & the
Deft not able to make further proofe
It is Ordered th^t the deft pay unto the plf according to the writt, &
Order of Court (Viz) Three hund^d pownds of Tob. principall,
besides Two hund^d pownds of Tob for dammages, w^th Costs of suite

John
Harwood v.

Willm

Edwin

The plf produceth the defts Bill for 1000^l Tob. The plft denyeth
this to bee his Act & deed, But denyeth not th^t he hath a Bill out to
one Catchmay (to whom allso this Bill of 1000^l Tob. is made and
signed) of about 500^l Tob. yett sayth this is not his bill here produced
& further th^t hee oweth noe such summe.

16

Capt
Thomas
Cornewaleys
v. Richard
Sheppey