Provincial Court Proceedings, 1661. 481

of tobacco Yo^r peticon^r hath applyed himselfe to this honorable
Board and humbly desires the said Cole should give such sattisfaccon
for his vnlawfull marking and killing such hogg as the Lawe of the
Province prouides in such case And yo^r pet^r shall pray &c.
After two houres Respitt according to the last order the def^t ap-
peared, and desired, to knowe whether the plt sues as lord of Manno^r
or as Informer, the plt answered as Lord of a Manno^r. Then was
read the peticon of Thomas Gerrard all which the def^t denyed And
after much debate the plt produced a Lease in which Lease It was
found that the def^t had liberty to kill the said Hogg deliuering the
one halfe to M^r Gerrard, It is therefore ordered that the def pay
vnto the plt halfe a hogg with Costs of Suite being Sherriffes and
Clerks fees And M^r Barton is required to vallue a hogg and the one
halfe thereof is to be deliuered to the plt.

Liber
P. C. R.

The def^t desires a Refference till the next Provinciall Courte which
was Granted

The plt demands a Heifer with her Increase for two yeares of the
def^t Thomas Trueman gent sworne in open Courte Sayth That the
Heifer now in Question Betweene the plt and def^t was sould this
deponent and was promist to be brought to his Plantacon by the said
Burdett before this depon^t went for England and was deteyned by
Hugh Stanley when this depon^t demand itt of him when he retourned
into this Country againe and the said Stanley denyed her and further
sayth not
William Graues sworne in open Courte Sayth That he helpt

marke a Heifer and that M^r Stanley forbid his Servants to tell Capt.

Robert
Hooper v.
W^m Greene
et vx
Ellinor
Marline v.
Patience
[Martine]
Thomas
Burdett v.
Hugh
Stanley
P. 497

Trueman that he had any Cattle there, It is therefore ordered that the
def^t deliuer unto the plt a heifer with such Allowance of Increase as
he the plt payd, vnto Thomas Trueman in the like kind with costs
and damages

Executio
mde.

To the honorable Philip Caluert Esq^r Gouerno^r &c
The humble peticon of James Neile Sheweth That yo^r peticon^r in
the yeare 1644 departing this Province did then leaue M^r Nathaniell
Pope planter (yo^r peticon^rs Attorney) certaine Neate Cattle and
Servants and fowling Peeces in trust for yo^r peticon^rs use And yo^r
peticon^r not returning into this Province since that tyme vntill this
p^esent yeare and findeing his said Attorney dead without any sattis-
faccon or Accompt for the said Cattle Seruants and Guns as afore-
said
He humbly craueth order of this Courte to examine such witt-
nesses as are now liueing to testifye concerning the deliuery of the

3i

Neale v.
Pope's
Estate