Provincial Court Proceedings, 1659. 365

sand seauen hund^d, sixty & one pownds of Tob & Cask, as in the s^d
Order appearth. .

Liber
P. C. R.

The dft not being p^ent in Court, nor the plf , but by his Attorney, It
is therefore Ordered th^t this Cause be respited till next Prouinciall
Court.

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

M^r John
Bateman v.
Richard Lee

The humble Petⁿ of Thomas Manning Sheweth, That whereas
Robert Simkin is indebted to yo^r Pet^r 544^l Tob & Cask by Bill &
Thomas Cole hath receiued the Estate of the s^d Simkin to pay his
Debts, Yo^r Pet^r humbly craues an Order agst the s^d Cole for the s^d
Debt w^th Costs of suite & damages, & hee shall pray &c.
These p^ents wittnesseth th^t I Thomas Cole, being arrested att the
suite of Tho: Manning in an accon of the Case att a Prouinciall
Court houlden att Maryland att the howse of Thomas Gerard, Know
yee th^t I the s^d Thomas Cole doe hereby appoynt my trusty & wel-
beloued ffriend Will^m ffuller to answere the s^d suite & to pleade my
cause. And whatsoeu^r my s^d Attorney shall doe therein, I doe by
these p^ents ratify, allow, & confirme. Wittnes my hand this 14^th of
ffebruary 1659. The marke of
Wittnes hereunto Olyuer S rye Thomas T [Cole]

Manning v.
Cole

The plf Sheweth ouer & aboue then what is mentioned in his Petⁿ,
That This ffowre hund^d ffowrty ffowre pownds of Tob. hath beene
due to him from Rob^t Simkin euer since An^o 1652 according to the
s^d Simkins Bill.
Cap^t Sampson Waring Sworne in Court Sayth That the deft
possessed himselfe of the s^d Simkins Estate, & of one hund^d Acres of
Land belonging to him.
The deft by his Attorney acknowledged Judgm^t for the fores^d
summe of Tob, Prouided the plf be content to pay himselfe out of a
parcell of Land Lying in Patowmeck Riuer, & belonging unto him,
To w^ch the plf doth agree. And it is further agreed & consented unto
That the s^d Land bee sold by an inch of Candle. And the surplusage
ouer & aboue his Debt, (when sold) the plf to deliuer to the deft.

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

P. 364

The humble Petⁿ of Gregory Murrell most humbly Sheweth That
one M^r Nicholas Morris of Verginia, about Two yeares since did
arrest yo^r Pet^r in an accon of Debt, & the teno^r of the writt running
w^th out bayle or mainprize yo^r poore Pet^r was enforced to lye in
prison 102 dayes before the day of tryall. And when yo^r Pet^r ap-
peared, not any p^eson appeared for the plf. Whereby yo^r Pet^r ob-
teyned a nonsuite w^th Costs, Now since w^ch time the s^d M^r Nicholas
Morris hath arrested yo^r poore Pet^r againe. And hath employed M^r
Symon Ouerzee to bee his Attorney; who hath undertaken the same,

Murrell v.
Overzee's
Estate