378       Provincial Court Proceedings, 1668.

       LiberFF    life time to the defendt sold and dehiuered amounting to the Sume
              of Seauenteen pounds Two shillings and two pence SteY mony att the
              rate of one penny p pound in tob is Fowre thowsand One hundred
              and Six pounds of tobacco
               And the said William by John Morecroft his Attorny Cometh and
              defendeth the force and injury when &c: and for plea saith that the
              said Thomas his accon against him ought not to haue for he saith
              that at the time in the declaracon menconed the said William did
              not assume and promise to pay to the said Thomas Freeman in his
              life time the said sume in such manner & forme as in the said decla-
              racon is alleadged and of this hee prayeth Judgmt of the Court if
              the said Thomas his accon agt him out to haue &c: John Morecroft

               The plt for Euidence produceth the said Thomas Freemans Wast
              book of Accompts wherein was incerted the perticulers Charg'd to
              the defendt
               The defendt denyeth that that is sufficient Euidence to proue the
              defendts Assumption being no book of Acct for debitor and Credr
               The plt desires the Judgmt of the Court wether or no a merchants
              or shop keepers Blotter be not sufficient Euidence agt the Debtr accord-
              ing to the statute of England
               The Opinion of the Court is, that Considering the said Thomas
              Freeman, deceased before hee had time to post his books, his Blotter
              is good Euidence agt the Debtr
               Wherefore Judgmt past agt the defendt for the abouesaid Sume of
              Fowre Thowsand One hundred and Six pounds of tobacco to bee by
              the said defendt paid to the plaintiffe as AdmT of the said Thomas
              Freeman


               Henry Hosier John Staynes and Richard Attkins Came into Court
              and preferr'd theire bills of Cost against Thomas Cooper the Admr
              of Thomas Freeman in theire suites depending this Court upon which
              they recouered agst the said Admr, But the said Coopers Attorny
              alleadging they had exceeded in theire demands Contrary to the Ordr
              of Court wherefore Ordered they be allowed noe Cost agt the sd
              Admr except Clerks fees


       [p. 680]   Mark Cordea plaintiffe Morecroft p quer
              John Powick defendant
               The plt sues the defendt in a plea of tresspass upon the Case for
              Twelue hundred pounds of tob:
               The sherriff of Caluert County returnes his writt Non Est In-
              uentus—Whereupon the plt Craues an Attachmt agst the Estate of
              the defendt wch is granted