Provincial Court Proceedings, 1669—70.   533

     two thousand six hundred thirty eight pounds of tobacco, which said Liber JJ
     summe of two thousand six hundred thirty eight pounds of tobacco
     the Said Jenkin though often thereunto required to the said Richard
     Atkins in his life time nor to the said Thomas Fisher since his
     death according to the tenor of the said bill hath not paid whereupon
     he saith he is dampnified and hath losse to the value of [blank]
     pounds of tobacco and thereupon he bringeth his suite And the said
     Thomas Fisher bringeth here in Court the Letters of Administration
     to him granted of the goods and Chattells of the aforesaid Richard
     Atkins that it may appeare to the Court here that he hath the adminis-
     tration thereof.
       And the said Jenkin price by Robert Carvile his Attorny cometh
     and defendeth the force and injury when &c and saith that he did
     in the life time of the said Richard pay unto the said Richard the
     summe of two thousand foure hundred and eighteen pounds of
     tobacco in part of payment of the two thousand six hundred thirty
     eight pounds of tobacco in the declaration ahovespecified and this
     he prayes may be enquired of by the Country and the said Thomas
     also wherefore it is comanded the Sheriff of st Maries County that
     he cause to come here twelve &c by whom &c who neither &c because
     aswell &c and as for the rest of the said summe of two thousand
     six hundred thirty eight pounds of tobacco being two hundred and
     twenty pounds of tobacco the said Jenkin doth acknowledge the ac-
     tion whereupon it is considered

       The deposition of Richard Keene being Sworne in Open Court
     saith that Richard Atkins received of Jenkin price two hoggesheads
     of tobacco which he brought from the easterne Shoare to my house
     and that Atkins told me that he would allow him two for one and in a
     short time after he received of Jenkin price another hoggeshead of
     tobacco at his owne house and when he the said Atkins came home to
     my house he told me that he had received of Jenkin Price the best
     hoggeshead of Sweet Sented tobacco that he had seen this yeare and
     told me that he was to allow him two for one also he brought some [p. 79]
     of the leaves to me to shew me and further I cannot say.
                                       Richard Keene

       Afterwards to witt the eleaventh day of February in the eight and
     thirtith yeare of the Dominion of Caecilius &c day was given the said
     Jenkin Price to produce his wittnesses untill the first day of the next
     provinciall Court.
     Richard Bayly agt          .      .     .
          non suite awarded against the plaintiff
     James Humes

     Thomas Tovey agt day given to both parties untill the next provin-
     Thomas Brookes ciall Court