600 Provincial Court Proceedings, 1661.
P. C. R.
The deft not appeareing Ordered that the Sherriff produce the
deft or his Attorney by the next Cort or to stand to the Award of the
The Pit not appeareing a [non] suite is granted to the deft.
The plt sueth as in his petn fo: 1113. and itt appeareing by the
oathe of Mr Trueman that the land demanded is in the Bound of the
sd Pattent, The deft denyes that itt is within the Bounds of the sd
Pattent, and desires tyme till tomorrow morning to proue itt.
Mr Trueman sweares that Mr Abington came to him in the Com-
pany of Wm Lowry, and did shew him a Bound Tree from which
bound tree he run according to the Pattent three hundd and twenty
perches, and did include most parte of the land which Wm Lowry did
then live vpon, and further sayth not.
Sworne in open Cort John Gittings Clre.
Yor petrs therefore humbly Craveth yor Honors to grant them an
order agt Mr Robert Slye Administrator to the abouesaid Samuell
Smith for the said debt with Cost & Charge of suite And they shall
as in duty bound pray &c.
This Bill bindeth me Samuell Smith sometymes in the Province
of Maryland Mariner to pay or cause to be payd vnto Christopher
Russell of the same Province Planter good Goods for Thirteene
Hundred pounds of Porke, by me already received of the said Rus-
sell as I haue already solde or shall sell for Porke, att the Returne
of the Barque Susanna or by the last day of May next Ensueing the
date hereof, As Wittness my hand this 6th day of March 1659
Testes Wm Clement Joseph Cooper signe [mark] . Sam: Smith
The plte sueth as in their peticon The deft desires a Refference till
the next Cort and further desires that he may haue a Coppy of the
prte petn and of the Bill which was ordered accordingly.
The plt sueth for 1518l Tobacco due by bill [from the] defts and
.... to be found ....
The plt sueth as in his petn fo: The deft produceth this following
Acco to shew wherefore that Tobacco was payd by the sd Sadleir to
the sd Scapes and as appeares by the acco more due.
The Opinion of the Board is that the plt hath noe Cause of action
therefore Non suited