Provincial Court Proceedings, 1667—68.    245

    Jerome White plaintiffe The plt sues the defendt as Executrix of Liber FF
    Mary smyth the Executx: William smyth late of St Marys County
      of Wm smyth defendant decd in a plea of tresspass upon the Case,
    Wm Caluert p quer it being upon a sealed Bond of twenty
    Jn0 Morecroft p defends Thowsand pounds of tobacco without the
    hand of the said Wm Smyth thereunto

      The defendt for plea demurrs to the plaintiffes declaracon in these
    words following (uizt)
      And the said Mary by John Morecroft her Attorny doth come and
    defend the force and Injury when &c: And the said Mary saith that
    the Declaracon of him the said Jerome is not sufficient in law to
    he answered unto, neither is she bound by the law of the land to
    answer thereunto and this she is ready to auerr Wherfore for want of
    a sufficient declaracon the said Mary Craueth Judgment if the said
    Jerome White &c                  John Morecroft
       The Plaintiff Joyneth in demurrer
                       Will Calvert

      The Court hauing ueiwed all papers, theire Judgmt is that the
    said Declaracon is insufficient in law to be answered thereunto where-
    upon the plt being Ouer rull'd in his demurrer, The Court doth
    grant the defendt a nonsuite agst the plt with Cost and Charge

      The plaintiff Jerome white Esq desires that the aforegoing Bond [p. 547]
    may be pruud in Court by the Oath of Edward Sauage one of the
    wittnesses thereunto, the other Wittness being departed the prouince
    by name Humphery Yates, wherupon the said Sauage being sworne,
    it was askt him whose seale the second seale was without any name to
    it, he answered it was Mr Jenifers seale, being askt wether the Bond
    was read to Willtm Smyth he answered that he did not remember it
    was further askt wether he see Georg Richardson deliuer that as
    his Act & deed he answered yes, and wether he see Wm Smyth deliuer
    the said Bond as his Act and deed, he said as well as he could remem-
    ber he did but would not sweare (hee said) possitiuely that he did


    Mary smyth the Executrix The plt sues the defendt in a plea that
      of Wm smyth plaintiffe he render unto her One thowsand Nine
    Jerome white Esq one of hundred and fifty pounds of tobacco and
      the Justices defendant flue and twenty shillings and Six pence
    Morecroft p quer   of lawfull money which he unjustly de-
    Caluert p defendant taineth &c: The defendts puts the plt to
    proue her accompt which was done by William Fardel her Book
    keeper and allowed of by the Court to be duely prou'd, Whereupon
    they granted the plt Judgmt against the defendt for her said debt of
    One Thowsand Nine hundred and fifty pounds of tobacco and flue
    & twenty shillings six pence sterling mony wth Cost and Charge therein