Provincial Court Proceedings, 1659. 357

was to pay him for it, 400^l Tob, & a hogge. And did after come
againe, & Ordered him to deliuer soe much goods to Zachary Wade,
for the use of Thomas Allen, as came to 268^l Tob, w^ch hee did. But
this Depon^t hearing a Rumour in the Ship, concerning a hogshead
of Tob, not of his marke, w^ch came from Elizabeth Potters (There
being allso one other hogshead brought from thence att the same
time) caused it to bee sett apart. After the s^d Elizabeth came againe
on board, & saw the weight of the Two hogsheads, & thereuppon
came to a Ballance w^th this Depon^t, And soe hee receiued both those
Two hogsheads, as his owne, & caused that hogshead afore sett by,
to bee stowed away.
The Judgm^t of the Board is, That the deft haue Judgm^t agst the
plf for a hogshead of Tob. And th^t Cap^t Cooke (who hath this
hogshead of Tob, in dispute, w^ch came on board markt w^th the plfs
marke) restore th^t hogshead againe to the plf. And th^t Cap^t Cooke
haue this Judgm^t of Court assigned him ouer by the plf, whereby to
recouer his due agst the deft. And soe ordered accordingly.
And the plf doth thereuppon assigne ouer this Judgm^t to Cap^t
Miles Cooke, in open Court. Exeqⁿ issued imediate to the Sheriffe
of S^t Maries County agst the defts Estate for 400^l Tob.

Liber
P. C. R.

Vppon the demand of the plf for Twelue hund^d pownds of Tob &
Caske, according as is specif yed in the defts Bill, produced in Court.
The deft acknowledgeth his s^d Bill, & confesseth Judgm^t unto the
plf for the s^d Summe of Twelue hund^d pownds of Tob & cask, ac-
cording to his Bill.

Cap^t Miles
Cooke v.
Rich: ffoster

Vppon the demand of the plf agst the deft, for One Thowsand
seauen hund^d, sixty one pownds of Tob. & Cask due by Bill The deft
acknowledgeth the Debt, & Confesseth Judgm^t to the Plf for One
Thowsand seauen hund^d, sixty, one pownds of Tob & cask, according
to his s^d Bill

Cap^t Miles
Cooke v.
Humphrey
Attwicks
Vid. fol. 363

Vppon the demand of the plf for 2000^l Tob. due by Bill, unto the
Estate of Beniamin Gill deceased, the plf being Adrnistrato^r to that
Estate. The deft sayth th^t hee satisfyed the last yeare 819^l Tob. of
that Debt.
And further allegeth th^t hee is wrongfully sued, by the plf, hee
taking out Writt not as Admistrato^r, but in his owne name, & there-
fore came not prouided to answere to th^t claime. And desyreth th^t it
bee referred to a Jury, w^ch was graunted. All the former Jury
(Except Daniel Clocker, loco M^r John Ashcomb) The Judgm^t of the
Board is, That an Admistrato^r may sue in his owne name. And the
Juray hauing Considered, Returne their Verdict. Wee ffind for the
plf the Remainder of the Bill (Viz) Eleauen hund^d Eighty one
pownds of Tob. & Cask.

William
Bretton ptf.
Edmund
Lindsey
deft.