Provincial Court Proceedings, 1668. 311

    hhds of shelid corne twenty five barrells of corne One hhd of malt Liber FF
    & one small caske and also Six hhds of tobacco which said tobacco
    was to be delivered at Kent County.
      And the said Henry by Daniel Jenifer his Attorny (at the request
    of John Wright Attorny of the said Henry Ward) cometh and de-
    fendeth the force and injury when &c and for plea saith that he the
    said Henry did not assume upon himselfe in Such manner and forme
    as the plaintiff in his declaration hath alleadged and of this he prayeth
    judgment of the Court if the said Mathias his action against him
    Ought to have.                      Dan: Jenifer
      Ordered by the Court that this cause (by reason of insufficient
    testimony to prove the plaintiffs declaracon) be Resplted till the next
    provinciall Court.

    Mary Smith executrx \Vm Smith Morecroft p quer.agt Thomas Owen
      The plaintiff Sues the deft upon a Sealed bill for five thousand
    five hundred pounds of tobacco and caske.
      The plaintiff d0th acknowledge the receipt of two thousand seven
    hundred and thirty pounds part thereof.
      The deft appeareing in person confesseth judgment for two thou-
    sand seaven hundred and seventy pounds of tobacco and caske being
    the remander of the said summe of five thousand five hundred pounds
    of tobacco.
      The deft being non resident Ordered he remaine in the Custody of
    the sheriff untill he Satisfie the said two thousand seven hundred
    and seventy pounds of tobacco & caske with costs.
    Wm Brooke agt            Jenifer p quer in a plea of trespas upon the
    Walter Pake  Morecroft p deft case
      The plaintiff Sues the deft for foure hundred pounds of tobacco
    and caske upon a promise.
      And the deft by John Morecroft his Attorny Cometh and de-
    fendeth the force and injury when &c and Saith as to the foure hun-
    dred pounds of tobacco and caske he the said John is not informed
    by the said Walter his Clyent of any answer thereunto to Give there
    fore the said Wm doth remaine against him the said Walter as to
    the said summe of foure hundred pounds of tobacco and caske
    undefended.
      Therefore it is Ordered by the Court here that the said William
    Recover of the said Walter the said summe of foure hundred pounds
    of tobacco and caske with costs.
    Mary Smith executrix wm Smith          Morecroft quer C
    agt James Cullums        Jenifer p deft ase
      The plaintiff Sues the deft for One thousand pounds of tobacco
    upon a promise.