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80 Provincial Court Proceedings, 1658.
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Liber
P. C. R.
Smith v.
Pott
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Uppon the demand of Richard Smith plf agst John Pott deft for
962t Tob & cask. Subpena to the Sheriffe to warne Sampson Waring
to testify, Capt Sampson Waring deposed in open Court, Sayth, That
he this Depont went along wth the plf to John Potts the defts howse, &
there ueiwed one hogshead of Tob. wch appeared to this Deponts
ueiw to be good Tob. both att the top, & on the sides of the hogshead :
But being broken open Wee fownd frost bitten Tob packd therein,
And a good while after comming againe to the detts howse, & uew-
ing the same hoagshead againe (as this Depont thinketh) this Depont
receaued it, & payd it away to Mr Henry Meeze uppon the plts owne
account, & uppon noe other account It appearing to this Court, uppon
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P. 45
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accounts balanced betwene Richard Smith pl,f & John Pott deft,
That there remaines due to the sayd Richard Smith 853t of Tob.
It is Ordered by this Court that the sd Smith shall be payd his Debt
of Eight hundd fifty three pownds of Tob, aforesd wth costs of suite.
The Court adiorned by the Gouerno6 till afternoone.
All Pent as afore.
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Carey v.
Hooper
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Thomas Jordan mercht aged 24 yeares or thereabouts sworne &
examined sayth, That; hee this Depont had a Certaine parcell of
Copper Lace of Mr Thomas Caryes, The wch Lace, he the sd Depont
further sayth, tht hee deliuered unto Mr Henry Hooper, the sd Hoop-
ers Wife, being att the same time present, to bee by them deliuered to
the sd Carye
Jurat Corae nos the i8th of March instant Thomas Jordan.
Rich: Preston/Mich: Brooke.
Uppon the demand of Thomas Carye plf, & Henry Hooper deft,
Concerning Copper Lace, & a Syluer Tankerd ;Thomas Carye de-
posed in Court sayth, That the Tankerd cost him fiue pownd, Eight
shillings, three pence, att the first penny in England. And all ac-
counts being balanced in Court, betwixt the ptf, & Mr Nutt, for whom
the ptf is attorney, & the deft. It is Ordered tht the Deft pay
unto the ptf, uppon demand Six hundd twenty Eight pownds of Tob.
in cask, otherwise Exequuon. And further tht the plf, giue the deft
fowre pownds, att his returne next Shipping, the Remainder of a
Bill due from James Gary, or ells his Bill againe.
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Dorington v,
Meese Mer.
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Uppon the Petn of Willm Dorington pl,f agst Henry Meese deft,
for deteyning a Bill, wch the Petr passed to Bossell Little, for 4124 t
Tob. The parties haue agreed betwixt themselues.
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Hooper v
Norton
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Uppon the Petn of Henry Hooper pl,f agst Tobias Norton deft,
shewing tht a reference being graunted to the deft, att the Last Court
o be determined the next Court following. The deft alleageth, the
hee had neyther notice, or summons to appeare this Court. It is
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