280 Provincial Court Proceedings, 1659.

Liber
P. C. R.
Attorney
General v.
Goosey &
Barbery

p. 243

M^r Attorney Grail on the behalfe of the L^d Prop^e doth present
Samuell Goosey & Thomas Barbery for putting of, or paying a hogs-
head of Tob w^th grownd leaues contrary to the Act of Assembly
last yeare.
And the Gouerno^r uppon their submission, & promise of amend-
ment for the future, hath pardoned & dismissed them, Only they
paying M^r Attorney his ffee for prosequuting, to witt, Two hund^d
& fifty pownds of Tob.

To the hon^ble the Gou^e & Councell of Maryland

Gary v.
Golson

The humble Petⁿ of Thomas Carye Sheweth That whereas Daniel
Golson is & standeth indebted unto yo^r Pet^r one Cow w^th Calfe, or a
Calfe by her side: w^ch yo^r Pet^r liketh best to chuse, w^ch Cow & Calfe
was to be deliuered to yo^r Pet^r or his assignes att or uppon the last
day of Aprill, or the first of May last past according to Agreem^t
made betweene them both, as shall be made appeare. Now soe it is
th^t the s^d Cow hath bene seuerall times demanded, & noe deliuery
made thereof to the dammage of yo^r Pet^r, for the want thereof.
Yo^r Pet^r therefore prayeth for an Order for satisfaction of the
s^d Debt w^th Costs of suite, & damage susteyned, & hee &c :
The plf produceth in Court testimonies to proue what is alleged in
his Petⁿ agst the deft.
Will^m Chaplin sworne sayth, That M^r Carye receaued the last
yeare of Dan: Goulson Two hogsheads of Tob, Both w^ch after
prouing faulty, were broake up, & One hogshead made thereof, the s^d
Goulson consenting therto. And in Consideraon of the Remainder
of the Tob, M^r Carye Returning allso some Corne to the s^d Goulson,
was to haue deliuered him by the s^d Goulson One Cow w^th calfe, or a
calfe by her side by the last of Aprill or the first day of May last past.
Thomas Wright Jurat idem.
John Knap being lawfully summoned as a wittnes in this Cause &

Vid. fol. 293

appearing in Court. But refusing to giue his testimony uppon Oath,
Is adiudged to pay unto the L^d Proprietary fiue hund^d pownds of
Tob according as is specifyed in the writt. Exeqⁿ issued &c :

The deft (by his Attorney) sayth That hee is much intruded on,
when as the Two hogsheads (afterwards repack't) made one good
hogshead weighing 500^l Tob. & th^t there was noe law full demand
made of the Cow.
But it being proued in Court, th^t the plfs Ouerseer went seuerall
times to the deft, & demanded this Cow, att the day agreed uppon :
& that the deft had not any of his owne proper stock then fallen,
when demanded, but what did to his Children belong: & being their
Estate.