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Proceedings of the Provincial Court, 1666-1670
Volume 57, Page 18   View pdf image (33K)
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                Provincial Court Proceedings, 1666.

         Liber FF that Whereas the said Wm Price stands Endebted unto yor Complt:
               by bond bearing date 7th Octobr 1664 in the sume of Thirety Thow-
               sand pounds of tobacco and Caske as by the said Bond upon rec-
               ord in this Court will appeare Now soc it is that the said Price
               utterly denyeth and still doth deney to pay the same unto yor
               petitionr to his greate dathage Whereupon he bringeth his accon and
               prayeth Order of this honble Court for speedy paymt thereof and
               Cost of Suite And he shall pray &

                The defendt Craues till tomorrow to put in his answere Which
               was allowed by the Board

               Wm Hollingworth plt The plt not appearing resplted by the Board
               Wm Price defendant funtill tomorrow morning
               Abraham Rowse plt     ,
                               Suite fall n—new accon commenc' d
               William Hempsted deft

               Henry Hare plt
                             Compounded
              Jonath:   Sibrey deft

               Wm Leeds plt noe returne made by the sherriffe of Talbott
               Henry Clay deff County, Whereupon Ordered the sherriffe doe shew
               Cause next Prouinciall Court why hee made noe returne thereof

         [p.218]   Thomas Gerrard plt This Cause resplted since last Cort The Pro-
               Richard Foster deftfceedings then being read, the plt: saith the time
               exprest in thc Indenture is expired and rent not tender'd according
               to the tenor thereof therefore forfeited to the first Enjoyer
                The deft desires the Oath of Marmaduke Snow may be taken
               therein as followeth saith that upon Christmas day last was twelue
               month Richard Foster tender'd a heifer to this deponant for that
               yeares rent, and desired him to giue him a new lease, this depnt
               answered he had nothing to doe wth it, being askt where he tendred,
               answered att Mattapenny
                The plts Attorney alleadgeth it ought to haue been tendred to
               mr Gerrards Persons or to his Assignes, Conceiuing the tender not
               to be good in law, and that the tender was not made untill such
               time that the lease was expired, being then Calculated from 1643
               untill Christmas 1664 it was found tender'd wthin the time
                The plt desires the deft may produce his lease and by what title he
               holds this land, the defendt alleadg'd he Did produce it last Court
               but had it not now about him, after many disputes and the plt not
               producing his Euidence according to the Ordr and resplte of last
               Prouinall Court, the deft desires a full dismission from this Cause
               that he might not be any longer troubled in this suite
         


 
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Proceedings of the Provincial Court, 1666-1670
Volume 57, Page 18   View pdf image (33K)
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