282 Provincial Court Proceedings, 1659.

Liber
P. C. R.

was brought in place, & some boards riud' for to couer it, & drawne
allso, And M^r Ouerzee sayd hee would not meddle in it, butt bad
Abrahall goe through w^th the bargaine.
Peter Caradin sayth uypon Oath That Seauenty f oote of howseing
was agreed uppon to bee built att Hebdens Poynt. This Depon^t
helping to bring in the timber, The twenty foote howse was built by
Beuin; & the fframe of the fifty foote howse brought in place, But
the finishing thereof was neglected by reason of the want of helpe
to attend the Carpenter.

P. 245

To all w^ch the deft Sayth, th^t hee made noe Condicon or agreem^t,
for the s^d building w^th the plf: & therefore the plf ought to seeke his
remedy agst him who sett him to worke.
And the plf inferreth th^t the deft was Copartner w^th him, who
hyred him.
Edmond Nanfan deposed, sayth, That Richard Abrahall declared,
and shewed him this Depon^t a Condicon w^th M^r Ouerzee, w^ch was
for Ten Cowes, & the Land att Hebdens Poynt, & some other things.
And the deft sayth th^t there were noe Condicons written & signed,
but only certaine Verball Condicons of partnership passed betwixt
Abrahall & himself e, Yett denyeth not but th^t there mought bee some
heads of agreem^t or condicons, & w^ch might perhaps bee written by
himselfe about their partnership, w^ch was intended.
Vppon the Euidences allready gyuen It is Ordered, th^t the deft
pay unto the plf six hund^d pownds of Tob forthw^th, in consideraon
of his labou^r allready imployed att Hebdens Poynt. And further th^t
the plf sett up & finish the fifty foote Tob howse, & ryue sticks to
hang Tob on: w^th other things necessary to putt Tob in, by the last
day of August next ensuing, Prouided th^t the deft assist, & find
sufficient help to gett in the timber in place, for the finishing the
same: w^th other necessaries according to the former bargaine.
Whereas in the last part of the plfs Pet" or allegaon, hee sayth th^t
hee appoynted the deft his Attorney, To w^ch the deft sayth, That hee
hath not receaued any of the ptfs debt in Virginia, And produceth
certaine accompts & Bills of the Ptfs (w^ch being cast up) amount to
1649^l Tob, w^ch he hath payd for the plfs use as is alleaged, & there-
fore desyres iudgm^t of Court for the same, Whereuppon the plf

acknowledgeth himselfe in open Court, to owe & stand indebted unto
M^r Symon Ouerzee deft, in the full summe of One Thowsand fiue
hund^d fowrty nine pownds of Tob, & Cask, & doth further acknow-
ledge Judgm^t for the same.
The Court adiorned by the Gou^e till tomorrow morning.

Cornewaleys
v. Wade

Cap^t Thomas Cornewaleys demands warr^t agst Zachary Wade.
warr^t to the Sheriffe to arrest &c: & to putt in security to answere
to the Compl^t of Tho: Cornewaleys in Chancery, Concerning a seru^t
cleteyned & belonging to the Estate of Cap^t Will^m Mitchell.