150       Provincial Court Proceedings, 1666—6 7.

        Liber FF William Smyth plt

        [p. 426] Peter Jones deft Noe returne made by the sherriffe

                               noe returne made nor any prson appear-
              Mathias De Costa Complt ing to testifye the supoena was deliuered
              Peter Mounson defendt   the deft


              John Blomfeild Complaint The defendt put's in his answere Time
              John Woodbery defendt giuing till tomorrow morning for the
              Jenifer p quer   Complt to put in his excepcons or repli-
              Caluert p defendant cacon to the said Answere
              & Nottley

                                The deft enters his plea uizt Thomas
              Vincent Atcheson Attorne4 Paine the deft in ouer throwe of the
                of Compton Gwyther plt plts declaracon Attorney to Compton
              Thomas Paine defendt
                                 Gwyther saith That the tobacco was
              Morecroft p quer  allwayes Ready and is now ready and
              Rozer p deft this hee entreth for his Plea

                                                  Benja Rozer

                The plt for replicacon saith that the defendt was to pay the said
              Three Thowsand pounds of tobacco was due to be paid on the tenth
              day of Decembr last, and that he neuer had any Notice of any tender
              made by the deft att the day appointed or att any time since and of
              this hee Craues the Judgmt of the Court Jno Morecroft quer

                The defendt not prouing any tender made as is alleadged in the
              plts replicacon, Therefore Ordered the defendt Thomas Paine doe
              sattisfye to the plt: The said Three Thowsand pounds of tobacco
              and Caske Cost of suite

              William Smyth plaintiffe
              Jacob Michaelson defendt sheriffe returnes A non est Inuentus

              William Smyth plt sherriffe returnes, ut supra
              Edwd Fuller defend

              Andrew Basha plt This Cause dismist
              Thomas Paine d

                Wm moffett the Attorney of Richd Allen hauing Attachmt agt the
              Estate of James Jolly for 17720 pounds of ton: upon Bill desires to
              proue the said Bill which was done in Court by the oaths of Hugh
              Stanley & Andw Cooke wittnesses to the said Bill