Provincial Court Proceedings, 1668. 373

     his proper mark thereon, And for that diuers doe make it theire Bus- Liber FF
     siness and part of theire liuelyhood to rainge the woods under pre-
     tence of getting up theire owne or some other persons Horses Mares
     or other Cattle and finding or meeting wth any such beast unmarkt
     be it belonging to any person wtsoeuer doe frequently mark the Same
     wth his theire or some other marke by which the true Owner cannot
     lay Claime to the said Beast oftentimes to his great dathage & losse
     thereof
      Wherefore for preuencon for the future it is this day Ordered by
     the aforesaid Justices That if any person or persons wtsoeuer, shall
     hereafter take up any unmarkt horses mares or Other Cattle and lay
     Chaime thereunto as his hers or theire proper Goods, shall before
     they doe inuest themselues therewith by marking the same (or other-
     wise) repaire to the sherriff of that County and before him make it
     Justly appeare that hee she or they are the true Owners of & haue a
     property in the said Mare, Horse or other Beast soe by him or them
     taken up or Claim'd as aforesd.
      And such sherriff and all other sherriffs as are or shall be wthin this
     prouince are hereby Enjoyned to take notice of the same whensoeuer
     they are thereunto by any such person required

        The Court is adjourn'd untill The afternoon

         All the Justices present as in the morning

     John Anderton plaintiffe Morecroft p    of the Case
     Thomas Hinson defendantJ Jenifer p defendt
      For that the deft being sherriff of Talbott County was accountable
     to the Ld Proprietary the perquisitts and quittrents of his Bayliwick
     out of wch was to be paid to the plt Three Thowsand pounds of
     tobacco upon a Note charg'd on the deft from the Leiutennt Generall
     in the yeare One Thowsand Six hundred Sixty Six

      And the said Thomas by Daniel Jenifer his Attorney Comes &
     defends the force & Injury when &c and for plea Saith, that the plt
     ought not to haue or maintaine his accon &c: because hee saith that
     as hee was receiuer and Accomptable to the Lord Propr for diuers and
     sundry perquisitts & quittrents of his Bayliwick to be Collected in
     Tob: in the aforesd County of Talbott soe is hee not any wayes [p. 675]
     Obleiged or liable to discharg or reimburse himselfe then by & wth
     the selfesame tobacco that he shall soe receiue or Collect as aforesaid,
     Wherefore the said Thomas for plea further saith that deny he
     Cannot but a Note from the Leiutt Generall to him was brought for
     the paymt of Three Thowsand pounds of ton: to the plt: out of the
     aforesd perquisits & quittrents of his Bayliwicke upon which Con-
     sideracon the same was Honnd and Accepted paymt often tender'd
     by the defendt, who allwayes was and still is ready to make paymt
     wth the same tobacco then tender'd and by the defendt Collected as