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Proceedings of the Provincial Court, 1658-1662
Volume 41, Page 349   View pdf image (33K)
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Provincial Court Proceedings, 1659. 349


Know all men by these pents that I Vincent Atchison of the Prou-
ince of Maryland, doe constitute & appoynt my lotting ffreind Mr
John Metcalfe of the same Prouince my true & lawfull Attorney in
all causes for this Prouinciall Court, wherein I shall bee eyther plf
or deft, And what my sd Attorney shall doe herein I doe ratify &
allow, as wittnes my hand this 24th of ffeb. 1659
Wittnes Thomas Haruey. Vincent Atcheson

To the honble the Gouernor & Councell &c :

The humble Petn of Emperour Smith Churgeon Sheweth That
Vincent Atchison of this Prouince Plantr oweth unto yor Petr seauen
hundd pownds of Tob. to be payd att a day long since past, Wch the
sd Atchison hath not yett payd to yor Petr dammage of One Thowsand
pownds of Tob. Yor Petr therefore most humbly desyres the sd
Vincent Atchison may be imediately requyred to pay yor Petr his sd
Tob, with what dammages hee hath susteyned & yor Petr shall pray
&c.
The plf producing & shewing in Court the defts Bill or Specialty
for yool Tob. payable unto him, on the 20th of Nouembr last, Wch is
not yett payed by the deft, to the plfs much dammage, as is alleaged
by him.
The defts Attorney requesteth that the cause may bee Respited,
But the Court thinke it not fitt to delay the plf thereby, when as a
positiue Bill is produced by him, And the defts Attorney pent in
Court, not able to declare the contrary, But that this Bill produced
is a iust Bill, and signed by the deft himselfe.

Liber
P. C. R.
Smith v.
Atchison

It is therefore Ordered that the plf haue Judgmt according to his
Bill or Specialty, And tht the deft pay or satisfy forthwth to the plf,
Seauen hundd pownds of Tob & Cask, according to Act of Assembly
(as is specif yed in the sd Bill) wth Costs of suite, Else Execuon.

p. 348

The plf euidenceth to the Court, That hee intrusted Capt Richard
Hotchkeys to receiue certaine Tobaccos for his use, And allso deliu-
ered unto him Certaine Bills Wch the sd Hotchkeys engaged under his
hand to bee accountable for to the plf when demanded. As appear-
eth by a writing to tht effect signed by the sd Rich: Hotchkeyes dat
25th of May 1658 & wittnessed by Hen: Peyton. The sd Hotchkeys
being now dead, the plf bringeth his accon agst the Admistratrix of
the sd Hotchkeyes, being possessed wth his Estate

The Receipts produced in Court of Tob belonging to the plf, &
conuerted by Mr Hotchkeys to his owne use the last yeare, i Receipt
dat 16th March 1658, Eleauen hundd & Eleauen pownds of Tob.
neate Receiued by Henry Coursey.
I other Receipt dat 2d May 1658. Seauen hundd ffowrty ffowre
pownds of Tob neate. Receiued by Willm Coursey.

Joseph
Edmonds v.
Anne Tillney
pr Attor Jno
Abington



 
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Proceedings of the Provincial Court, 1658-1662
Volume 41, Page 349   View pdf image (33K)
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