372 Provincial Court Proceedings, 1659.

Libet
P. C. R.

Hee humbly therefore craues the opinion & Judgm^t of this Board,
what hee shall be allowed for his Attendance, molestaon. & nonsuite.
Ordered th^t the s^d Tho: Gerard be allowed for his s^d attendance
& nonsuite ffiue hund^d pownds of Tob.

Utye v.
Thomas

Robert Clearke Esq^r his L^ps Surveyo^r Grail (att the request of
Co^tt Nathaniel Vtye) Sayth uppon Oath in Court, That according
to the s^d Co^ll Vtyes Order & according to a War^t that he had to
suruey Land to Philip Thomas. Hee did suruey the same, adioyning
to his Land where hee now Hues. And the next day, when hee
came to finish his suruey, & went to the place to doe it: The s^d Philip
Thomas sayd hee would not haue the Land. And soe discharged this
Depon^t.

Cap^t
Sampson
Waring and
James
Veitch v.
Cap^t
Mitchells
Estate
Vid. fol. 264
& fol. 320

Whereas the plfs tooke out writt of Attatchm^t agst the Estate of
Cap^t Will^m Mitchell deceased 25^o of Aprill last, Ret att the Prouin-
ciall Court following, the ffowrth day of Octob^r, for 2000^l Tob,
W^ch Attatchment was att th^t Court held 7^o Octob^r continued, &
respited till this Prouinciall Court. And the Admistrato^r to the s^d
Mitchells Estate, not appearing eyther att the last Prouinciall Court,
or att this Court, & being in due Order called
Judgm^t is graunted unto the plfs agst the defts Estate for Two
Thowsand pownds of Tob, according to the s^d writt of Attatchm^t.

Gerard v.
Willan &
Lindsey
Vid. fol. 204
& fol. 222
& fol. 123

Vppon the motion of Thomas Gerard Esq^r to the Gouerno^r &
Councell Shewing how that hee formerly commenced suite agst M^r
Richard Willan & M^r James Lindsey concerning his tytle to Snow
Hill. And att the Court houlden att S^t Maries 2^d of March 1658
Philip Caluert Esq^r concerned in th^t cause appealed to his L^p in
England. And his L^ps Determinaon of the Cause betweene him, &
the fores^d p^rties being sent in from his s^d L^p hee humbly Craueth the
Judgm^t of the Gouerno^r & Councell to declare whither th^t Determi-
naon of the Cause as afores^d, shall bee entred uppon Record, as a
ffinall Determinaon of the Cause Yea or noe?

P. 371

And uppon some quaere Whither an Appeale was admitted or
graunted for the Determinaon of the whole Busines, or only for his
L^p to declare where his L^ps manno^r of Snow Hill is. The Clarks
fowle noates being called for, & read; Where, these words following
are not inserted in th^t former Order, nor sent to his L^p in England
(Viz)
" The plf makes appeare to the Court That his Wife is the next
heyre th^t appeareth in this Prouince, being Sister to him that tooke
up the Land now in dispute. And the plf is admitted by the Board to
be heyre att Law in Right of his Wife till a Brother (there being Two
yett supposed to bee lyuing) makes claime of the same."