Chancery Court Proceedings, 1678 [1677.]   485

      This cause comeing to be heard upon the Ninth day of October Liber P C
     1677 upon full debate of the matter between the parties on both
     sides and their Attorneys itt was by this Court ordered and decreed
     that the Def.t Thomas Trueman should pay unto the Complaynant
     all such Charges and damages as the said Complaynant had laid
     out Expended and Susteyned by non performance of the Agreement
     therein mentioned and in the Removeing his family and Stock to p.97
     the Said Truemans Plantation and in seating building fencing and
     cleering the Same and all other necessary charges relateing thereunto
     according to the writeing under the hand of the Said Thomas
     Truman deducting thereout all Such Sume or Sums of Tobacco as
     the Said Comp.It hath or without his own wilfull default might
     haue received out of the said Plantation by the Perception of the
     Profitts thereof from the tyme of his entry thereinto till he left the
     Same and for as much as it was not known to this Court what
     Charges or Damages the Said Complainant had layd out and Ex-
     pended or susteyned by non performance of the agreement afore-
     said and in Seating cleering and building upon the Plantation
     aforesaid and other Charges relateing thereunto or what profitt had
     been by him Received as aforesaid and for that the Same was
     properly tryable att the Comon Law by a Jury, Itt was further
     ordered that a writt of Inquiry of Damages should Issue to the
     Sherriff of st Maryes County Returneable the then next Provinciall
     Court to Impannell a Jury of twelve good and lawfull men of his
     Bailiwick to Enquire what charges & Damages the Said Comp.h
     had layd out and Expended or Susteyned by non performance of the
     agreement aforesaid and by the Cleering Seating and building upon
     the Premisses and other Charges Relateing thereunto and what
     he had or without his own wilfull default ought haue Received by
     the percepcon of Proffitts thereof as aforesaid and what upon the
     said Juryes verdict should appeare to be due unto the Complaynant
     for Damages as aforesaid the said Def.t Thomas Trueman was to
     pay the Same to him accordingly. Afterwards to witt upon the
     Nynteenth day of November following the said Def.t Thomas
     Trueman did proferr his Petition to the Honn.ble Thomas Notley
     Esq.T Cheife Judge in Equity and thereby did Sett forth that the
     Complaynant haueing Exhibitted his Bill into this Court against the
     Petitioner and his Brother Nathaniell then Since dead to haue a
     Sufficient Conveyance with Generall Warranty of one Thousand
     Acres of Land in Calvert County or else to haue his Charges and
     disbursements for building and Cleering upon the same the p.lt
     thereby aleadging that the Defendant Thomas in the Absence of the
     Def.t Nathaniell agreed the Comp.lt that he should enter and
     seate upon the said Land and that the Defendent Thomas Should p.
     Procure from the Said Nathaniell a Legall Deed thereof with