362 Provincial Court Proceedings, 1659.

Liber
P. C. R.
Corwin v.
Mitchell &
Smoot

Know all men by these p^ents th^t 1 Teague Corwaine Maryner, be-
longing to the Goulden ffortune, now ryding in S^e George's Riuer,
doe constitute & ordaine my louing ffreind Rob^t Cole of S^t Clem^ts
Bay in the Prouince of Maryland, my true & law full Attorney for
me & in my name to sue implead or arrest any p^eson or p^esons what-
soeu^r, to me indebted w^th in this Prouince of Maryland by himself e,
or any other, whom the s^d Rob^t Cole shall constitute in his stead, as
my Attorney. And what my s^d Attorney shall by himselfe doe, or
aliso, what any other p^eson by my afores^d Atturney constituted shall
act in the premises, I the aboue mentioned Teague Corwayn doe
hereby ratify & confirme the same as if it had bene done by my
selfe in p^esonall presence.
Wittnes my hand this 29^th of January 1659
Testes Richard Willan Jonas Watters. T. C.

To the hon^ble the Gouerno^r & Councell &c :

p. 361

The humble Petⁿ of Rob^t Cole, Attorney of Teague Corwin
Sheweth, That whereas Thomas Mitchell & Will^m Smoote stand
indebted unto Teage Corwin in the sume of nineteene hund^d pownds
of Tob & Cask, yo^r Pet^r in the behalfe of the afores^d Teage Corwin
hath demanded paym^t of the afores^d Mitchell, but receiued not any,
W^ch is much to the dammage of the afores^d Teage, by reason of his
goeing forth of this Country, & want of the afores^d Tob. The
premises Considered yo^r Pet^r desyreth th^t the afores^d Mitchell &
Smoote may be compelled to make p^ent paym^t w^th forbearance, &
Costs of suite, & yo^r Pet^r shall eu^r pray &c :
Vppon the demand & Petⁿ of the plf, for 1900^l Tob. & Cask, The
deft Thomas Mitchell (to whom th^t Debt principally belongeth) in
answere sayth, That hee hath allready ouer payd that Debt, as hee
can make appeare by Receipts under the plfs owne hand, & other
testimonies, & by his owne accompt, And thereuppon produceth One
Receipt dat, 29^th Decemb^r (in part of paym^t of a Bill of 1900^l Tob)
Ano 1658 for nine hund. & Twenty pownds of Tob & cask Allso one
other Receipt dat 1^o June 1658, for Two hund^d & Twenty pownds
Tob, receiued of Arthure Turner for the defts use. Both w^ch Re-
ceipts are signed w^th the pifs marke. And Cap^t Nicholas Gwyther
euidenceth in Court That hee payd one hogshead of Tob. weighing
336^l to Thomas Mitchell, & the s^d Mitchell payd the same to the plf
Teage Corwin, And the defts acc^t comes to 450^l Tob. It being, for his
dyett washing & lodging, for three weeks att the defts howse hee
being then lycenced to keepe an Ordinary, Soe th^t the deft hath ouer
payd th^t Bill by Twenty six pownds of Tob. The defts Craue a
nonsuite w^th Charges & Costs of suite. W^ch was graunted & soe

John
Walton v.
Mr Ed:
Prescott &
e Contra

Ordered by the Board.
Putt to Arbitraon.