Provincial Court Proceedings, 1658. 251

bee decyded It is Ordered that the plf haue Extent agst the Land
whereon hee wrought att Greens Rest for ffowre hund^d & seauen
pownds of Tob, as is demanded.

Liber
P. C. R.

To the hon^ble the Leiuten^t & Councell of Maryland &c:

The humble Petⁿ of Will^m Hewes Sheweth That from the
Seauenth day of ffebruary 1651 untill the 22^th day of Aprill yo^r Pet^r
imployed his whole labo^e in setting up the Wind-Mill att S^t Maries, &
tending & looking to, & grinding in it after it was soe sett up by him.
To the performance of w^ch worke yo^r Pet^r was encouraged by Cap^t
Will^m Stone, the then Gouerno^r of this Prouince who hyred yo^r Pet^r
to th^t intent, promising him due paym^t for his s^d labo^e about the same
imployed. And further yo^r Pet^r sheweth how th^t the s^d Cap^t Stone

Hewes v.
Stone

payed all the other workemen & defrayed what other charges in-
curred. And yo^r Pet^r not only remaines unsatisfyed, but left to seeke
his due, by course of Law much to his hinderance hee hauing bene a
long time out of his Tob, & suffered much for want thereof, hauing
or possessing little but what hee geets by his hard labo^r & industry.
And though Cap^t Stone hath alleaged th^t the Mill did belong to Cap^t
Gibbons, & th^t hee hath gyuen an account of the s^d Gibbons Estate, &
thereuppon discharged, yell thee doth conceiue th^t noe stoppage can
be putt thereby uppon his labo^r, when as Cap^t Stone himselfe only
hyred him, sett him on worke, & promised him paym^t for the same :
neyther did yo^e Pet^e make or mention any bargaine att all w^th Cap^t
Gibbons att his comming up hither concerning th^t mill, but wholly
relyed & depended on Cap^t Stones paym^t, by uertue of his s^d promise
& engagem^t w^th him
His humble request is th^t this hon^ble Court will consider of the
premises & allow him satisfaction according to equity, & hee shall
pray &c :
The deft denyeth th^t he engaged to make the plf satisfaction for
his labo^r, only as imployd by Cap^t Gibbons. & the plf
not making proofe of what is alleaged in his Petⁿ, concerning such
engagem^t made w^th the deft. The deft craues an nonsuite w^ch was
Graunted.

p. 208

The plf being called, & not appearing to prosequute, The deft
craueth a Nonsuite, W^ch was graunted w^th Costs of suite.

Martin Kirk
v. Cap^t
Nicholas
Gwyther

Vppon this suite, w^ch was respited the last Court.
Marke Pheypo sworne sayth, th^t soone after this Steare now in
question was killed, this Depon^t & the plf, being att the defts howse,
they ueiwed the hide of the Steare then killed (because this Depon^t
then wanted a Steare of his owne) And further th^t hee then told the
deft, th^t th^t Steare was none of his. And the plf instantly replyed

Barnaby
Jackson v.
Capt Will^m
Stone