Provincial Court Proceedings, 1658. 77

what he alleageth agst the deft. The deft craueth th^t the plf be
nonsuited, w^ch is O^rdered accordingly.

Liber
P. C. R.

Uppon the Petⁿ of Richard Hix, agst Sampson Waring, for per-
mitting one Thomas Branson to depart out of his custody, (hee being
then Sheriffe) & who was indebted to the Pet^r in 800^l Tob. & under
exequuon &c: Respited till next Court.

Hix v. War-
ing

Uppon the petⁿ of John Reade, complayning agst Cap^t Will^m
Mitchell, ffor th^t hee the s^d Mitchell had disposed of the one halfe of
a mare, w^ch mare was betwixt the Pet^e & the s^d Mitchell; The halfe
afores^d cost the Pet^r 1600^l Tob. And now the s^d Mitchell hauing sold
the whole mare, contrary to agreem^t made, & w^thout the Pet" priuity,
The s^d Cap^t Mitchell deft being called, & not appearing, nor any
Attorney for him, to make answere thereto, It is Ordered th^t the Pef
may take Attatchm^t uppon any the Estate, of the s^d Mitchell, if he
please; bringing him thereby, to a Legall tryall, may obtaine satis-
faction, according to his demand, Attatchm^t to the Sheriffe of Calu^et,
according to the Order Ret. next prouinciall Court, to be holden in
Septemb^r next.

Reade v.
Mitchell

Robert Taylor deposed, Sayth, th^t the Bill of 1600^l of Tob, w^ch
James Jolley passd unto Timothy Goodridge was for a Boy seru^t
w^ch Will^m Philips hath now receiued of the aboues^d Timothy, This
Dep^t sayth, th^t when the s^d Timothy came to this Deponts howse, he
heard the s^d Timothy promise the s^d Jolley his Bill againe of 1600^l
Tob. But att th^t p^ent Timothy had it not about him, but told him hee
should haue it, & further this Depon^t sayth not. This Deposⁿ is
acknowledged in this Court.
Januar. 2^d, 1657, taken by Woodman Stockly & Will^m Parrott
Giles Sadler deposeth, saying th^t he being att an agreem^t betwixt
Timothy Goodridge & James Jolley, heard the s^d Timothy promise
the s^d Jolly if in case he had the seru^t againe: Then the s^d Timothy
would returne the s^d Jolley his Bill againe for the seruant, & further
this Depon^t sayth not
Sworne 2d Jan. by Commis" Supra
This Deposⁿ is allso acknowledged before this Court.
Uppon the Petⁿ of Timothy Goodridge plf agst James Jolley deft,
touching the suite depending betwixt them, & not determined, but
referred to the next Court: & crauing a finall issue therein, A Jury
is desyred by them, & Graunted.
Warr^t to the Sheriffe to summone a Jury of 12 men forthw^th
Sheriffe Returneth his writt & warned.

Goodridge v.
Jolly

p. 42

Symon Ouerzee

John Potts
John Ashcomb.

Henry Hooper
Peter Joy
Arthure Wright

Walter Hall

Philip Land
John Whinfell

Will^m Dorington
Rich: Hix
James Lindsey