286 Provincial Court Proceedings, 1659.

Libei
P. C. R.

the Bill, And as for the Remainder being fiue hund^d Ninety one
pownd, the s^d Wallter Hall in behalfe of himselfe, & John Jarbo
acknowledgeth Judgm^t for the same in open Court.

Gerard v,
Evans

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

The humble Pet" of Thomas Gerard Sheweth That yo^r Pet^r
had an ExequuSn serued uppon his Estate by the appoyntm^t of Cap^t
Will^m Euans, who hath charged yo^r Pet^r in his writt of Exeqⁿ fiue
hund^d fowrty Two pownds of Tob more then is due to him, &
more then yo^r Pet^r ought to pay, for the Costs of th^t suite.
Hee humbly therefore craueth th^t by Order of this hon^ble Court

P. 245

the s^d Cap^t Euans repay unto yo^r Pet^r, the s^d summe soe uniustly
executed; much to yo^r Pet^rs dishono^r, w^th dammage, And &c :
The deft sayth That according to th^t former order of Court &
Verdict of the Jury, hee had Costs of suite gyuen & allowed him,
And this Costs, whereon the plf demurreth, was for Sheriffs frees, &
Clerks ffees, expended att Patux^t Court, (before the late surrender of
the Gouerm^t) & to them payd, as he can make appeare, & further th^t
he hath not receiued yett one pownd of Tob Executed, from the
Sheriffe. And the plf affirming th^t he profered the deft paym^t of
his whole demand, saue only 442^l Tob, And Euidencing to the Court,
th^t the Sheriffe hath Executed 1362^l Tob. for dammages only.
It is Ordered th^t fiue hund^d & Twelue pownds of Tob, (it being
Costs expended in th^t former Patux^t Court) be deducted out of the
fores^d sume & repayed back unto the plf, by the deft, w^th Costs of
suite. M^r Seer Judgm^t is, th^t the Sheriffe ought to be resposable for
the Tob deducted, & not the plf, M^r Clearke ide^m Reliqui res ut
Supra.

Re Chandler

Cap^t Sampson Waring brought in M^r Chandlers Bill for his fine
for 15000^l Tob dat 27^th day of Aprill 1655 W^ch is Cancelled in
Court.

Attorney
General v.
Thurston
3 Md. Arch.
Coun. 353

M^r Attorney on the behalfe of the L^d Prop^r complayneth agst
Thomas Thurstone, & requesteth that hee be brought afore the Board
to answere for himselfe, ffor th^t in contempt of his L^ps Lawes he
refused formerly to subscribe take the Ingagem^t (according to Act
of Assembly prouided) for w^ch hee hath bene allready banished.
Yett notwithstanding hee hath presumed againe to come into this
prouince, & refuseth still to comply & fullfill the Law, & take oath of
ffidelity to his L^p as is in th^t Case prouided, uppon his returne into
the prouince againe. Whereuppon the Prisoner being demanded
what he hath to say in that he hath broken the Law ? & not giuing
notice of his arryuall &c. To w^ch He sayth, he ought not, & cannot
sweare, & that being pressed w^th an Oath, sayth, thereby he is clenyed
his liberty, & the liberty of a Subiect.