398   Chancery Court Proceedings, 1671.





         Liber P C  said bills out of his hands for the use of the Said Nethway according
                to the power by him Given to the Comp.lt
                  The Court demanded sight of the said Lre of Attorney from the
                said Nethway to the Complt, which being by the Complt accordingly
                produced, the Court Demanded proofe of the Said Lre of Attorney to
                be the Act and Deed of the said Nethway, which the Complt not
                being able to make appeare any other wayes then by Comparing of
                hands, and the Court not allowing that a sufficient proofe, It is by
                the Court this day ordered.
                  That the Complt have time whilst ffebruary Court, to prove his
                 of Attorney from Nethway, and in the meane time that the
                Debitors to ye estate in question have notice given them, not to make
                payment of their debts to Bailey, unless he shall pcure a new power
                from Nethway, and that the Complt Neale become bound by Recog
                nizance to the Lord Proprietary in the sume of One hundred Thou
                sand pounds of Tobacco & Casque, that when the Difference shall be
                Decided, that he shall pay to the Defendt Bailey, what the said
                Defendt shall make appeare to be his due & proper Pt &. Right out
                of the wines now in question.
                  The Said Complt Capt James Neale in obedience and complyance
                with the said orders here in open Court this day that is to say the
                24th day of October in the yeare of the Dominion of Caecilius
                &c Annoque Domini 1671. did acknowledge himselfe to owe and
                stand indebted unto the Right honoble the Lord Proprietary in the
                full & Just sume of. One hundred Thowsand pounds of Marchantable
                Tobacco and casque.
                  In case the said Capt James Neale shall not answere to John
                Bailey the pduce of the wines claimed by the said Bailey, when
                soever it shall appeare to this Court that the said wynes appteine to
                Bailey and not to John Nethway as the said Capt Neale alledges
                Now they doe.


                     Maryland ss At a Court held for the Chancery and
                   Provincial Court begun on Tuesday the nineteenth day of
                   December in the fortieth yeare of the Dominion of Caecilius
                   absolute Lord and Proprietary of the Provinces of Mary
                   land and avalon Lord Baron of Baltamore &c Annoq
                   Domini 1671. at the Citty of St Maryes and there Con
                   tinued untill the three & Twentieth day of the Same De
                   cember on ifryday the two and twentieth was Present.

                His Excellency Charles Calvert Esq Capt Generall & Cheif
                                Judge in Equity.

                                ~Philip Calvert Escp Chancelour
                   The hono :ble William Calvert &
                                 Edward ffitzherbert