368 Provincial Court Proceedings, 1659.

Liber
P. C. R.

And the deft acknowledging the Debt, It is Ordered th^t the plf
haue Judgm^t agst the deft for seauen hund^d sixty Two pownds of
Tob. as is demanded.
Exeqⁿ issued Eod die to the Sheriffe of S^t Maries County ad
Satisfaciend^m uppon the Estate of the plf according to the Order.

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

Clocker v.
Gwythdr

The humble Pet" of Daniel Clocker Sheweth, That Cap^t Nicholas
Gwyther High Sheriffe of S^t Maries County wrongfully w^th out any
iust reason or cause detaines uppon his hands Seauen hund^d Ninety &
fiue pownds of Tob & cask, w^ch he was oweing & still doth owe for
worke done by yo^r Pef for him. He humbly therefore desyres, th^t
the s^d Cap^t Gwyther may be f orthw^th requyred by yo^r hon^rs Order to
pay yo^r Pet^r his s^d Tob, as in all Justice & Equity hee ought to doe.
And yo^r Pet^r shall pray &c :
Vppon the demand & Petⁿ of the plf, The deft sayth That the plfs
Wife was committed into his Custody ffor ffelony the last yeare, &
brought to her tryall for the same, & therefore for his ffee of her
imprison^t, & other frees in th^t busines he deteyneth the Tob, And
conceiues th^t the ptf ought to pay & satisfy the same.
The Gouerno^r requesteth the Councell to deliuer their Judgm^ts
severally herein. Co^tt Vtye, That his L^p is to pay the ffees to the
Sheriffe, whenas his L^p receaues the benefitt off ffelons
Estates.
M^r Baker Brooke. The same. Except the Law of England order

p. 367

Co^ll Jno Price. The same, ut Supra.
M^r Tho: Gerard. On his L^p, Vnlesse there bee some Law or presi-
dent to the Contrary in this prouince.
D^r Barber. The same w^th M^r Gerard.
The Judgm^t of the Board is that the deft ought not to detayne or
stop the plfs Tob, uppon that Consideraon. Ordered therefore th^t
the deft pay unto the plf seauen hund^d ninety fiue pownds of Tob,
according to his demand.

To the hon^ble the Gouerno^r & Councell

Re
Gwyther's
Fees

The humble Petⁿ of Nicholas Gwyther Sheriffe, Sheweth, That
according to a writt directed to him hee layd an Extent on Cap^t
Will^m Lewis Land att Portoback. And likewise serued an other
Writt of Partition on the Land of D^r Luke Barber, & M^r Walter
Hall, And was att some charge therein, by reason the Poeple warned
by him lyued far distant. His humble Request is that this Court will
determine & appoynt what ffee the Sheriffe shall be allowed for
seruing Writts of th^t nature, & he shall pray &c :
It is hereuppon Ordered by the Board That the Sheriffe bee
allowed ffor his Executing Writts in this kind (Viz) ffor euery