Provincial Court Proceedings, 1660. 425

A Subp^a ad testificand issued for M^r Mathew Clarke in this
Cause & was retorned.

Liber
P. C. R.

To the honno^ble the Governor and Councell of this Province

The humble petition of John Abington Attorney of Richard Cole
Sheweth that Richard True doth owe and stand indebted to the said
Cole the sume of fower hundred pounds of Tob and Caske as p
specialty may appeare. Your pet^rs humble request is that he may
haue an order of this honno^ble Court for his debt with damage and
Charge of Suite, And he shall pray
W^ch Specialty in the petⁿ menconed being produced in Court, and
the deft confessing Judgm^t thereupon. It is ordered that the deft
pay the said ffower hundred pounds Tob and Caske together with
Costs of suite in this Cause. It is likewise ordered that the specialty
be Cancelled.

Cole v.
True

The Plantiffe demands one thowsand Pounds ster. of the deft
Elizabeth according to a Bond entred into by her in the tyme of her
viduity as Administratrix to Symon Overzee deceased her former
husband. To w^ch the defts by their Attorney M^r Thomas Manning
pleaded shee was no Administratrix haueing no lawfull letters of
Administration.
Therefore it was putt to the vote of the Boord whither the Bond
stood vallid as Administratrix or not, and the Vote was as followeth
M^r Edward LLoyd is of opinion that she was no Administratrix at
the tyme of entring into the Bond, M^r Bateman the same opinion
with M^r LLoyde, M^r Brookes saies that it is a Bond for Arbitracon,
M^r Robert Clarke that she was Adm^ix, M^r Coursey in all equity
thinkes it is a Bond, And the Gouernor is of opinion that the Bond
of Arbitration is voide
Therefore it being the Maior Vote that the said Bond is voide, A
non Suite is graunted in this Cause

p. 426
Augustine
Herman
by his
Attorney
Richard
Smyth v.
Maio^r
George
Colclough &
Eliz his
wife by
their
Attorney
Mr Thomas
Manninge

The prt demands of the deft the forfeiture of a Bond of fiue hun-
dred pounds entred into by Capⁿ W^m Stone bearing date the fower-
teenth of Nouember 1656 for the payment of two hundred thirty
nyne pounds and three pence to the prt, And by consent of both
pties prt and deft It is agreed that M^r Henry Meese and M^r Nicholas
Spencer marchants auditt the accompts betweene both parties, and to
retourne to the Court the true ballance of the accompts twenty
pounds Eighteene shillings and three pence ster. as by the said
accompt w^ch hereafter followeth more at large appeareth, vizt
M^r Thomas Stone Deb^r for his father W^m Stones acc^t.

Thomas
Tolson
by his
Attorney
Cap^t
Thomas
Cornwaleys
v. Thomas
Stone
Executor
to his father
Cap^t Wm
Stone

38^l: 18^s: 03^d

To the ballance of an accompt the 29^th of
Aug. 1660 as appeares being the last acc^t

18: 00: 03

20: 18: 03