Provincial Court Proceedings, 1664-65.    395






     Deft sayth in answere that the sume of Thirety thowsand pounds of Liber B B
       tobacco is not forfeited, and put's himselfe uppon tryall to the
       Court—
       The Court Considering the Bond and pet” findes it not forfeited,
     untill the plt susteynes damage by being security for the deft Where
     upon the plt by his Atturney Wm Caluert Esqr nonsuites theire accon.

           The Court adjourns till the afternoon
     All mett as before except the Leiutennt Generall absent

     The Honble Philip Caluert Esqr Chancellor and now Judge in Cott

     William Hollingworth PIt The plt now sues according last Order [p. 482]
          Thomas Wynne Dft of Court in folio 406, superdus beinge
          seru'd, uide folio 437 wth the scire facias in folio 449, the errors being
          now read put in last Court by the plt wth the petn In folio 405 agst
          which the deft is Ordered to put in his Objections, which are as
          followeth—
          The Defendants Answere
     I Walter Pakes and William Price were Euidence as well as
     Hannah Lee—
     2 Price was not then Concern'd being Mrs Lees Seruant—
     3 That Act of Assembly is Concerning the forme of Proceedings
          at law and Mr Hollingworth Ought then to haue taken the ad
       uantage of it before hee Ioyned issue—
       Put to the uote error or not
          Mr Cowrsey error
          Mr Brooke not
          Mr White not
          Coll Euans being formerly concern'd desires to be excus'd
          from giuing his note—
          Chancellor Error
       Being equall uote and the Chancellor as Judge It is Ordered that

     the Execucon be respited and the meritts of the whole Cause giuen

     in and tryed by the next Assembly—

     Edward Richardson plt
                 t Retracted—
     William Price Def



     John Norwood Plt The plt sues as in petn folio 422, the deft
     Tho: Hammond Deft puts in his Answere by his Atturney Thomas
     Nottley on the back side of the declaracon and pleads not Guilty and
     puts himselfe uppon the County for tryall—
       This Cause being formerly Commenc'd, and the proceedings read
     as in folio 1 19 wherein is exprest the said tobacco to be receiued of
     Jno Hamond and not Tho: Hammond though paid away by his