Provincial Court Proceedings, 1670.     539

      faciendü which hath bin served and executed upon your Petitioner Liber JJ
     some weekes since and under which your petitioner now lyeth and
     that not only for the Originall debt pretended but likewise for all
     costs of the suite and Clarkes Fees which the said Emanson tooke
     upon him to satisfie takeing receipts for the same and that notwith-
     standing the bill of costs was neither allowed off by the Court nor
     entered by the Clerke on record and notwithstanding also the accompt
     drawne up on the Clerkes Fees is most unjust and illegall The prem-
     isses considered and for that there are many more errors in the issue-
     ing the said execution which your petitioner shall be able to make
     manifest He humbly prayes your Honrs f or writt of error to be
     granted him for the reversall of the said pretended judgment and
     execution thereupon according to the usuall and legall course and
     proceeding.
       And your Petitioner as in duty bound shall every pray &c

       Ordered by the Court here to witt the xiiiith day of April in the
     xxxviiith yeare of the Dominion of Caecilius &c That a writt of Error
     and Supersedeas be granted the said Richard Boughton

       Upon the petition of James Barkehurst to the Governours and
     Council That by an Act of the last Assembly he was to receive out
     of the publique Levy two thousand two hundred sixty two pounds of
     tobacco but by mistake of the Clarke that transcribed the Act his
     name is mistaken and made to James Barker instead of Barkehurst
       Ordered by the Deputy Governours here to witt the xiith day of
     April in the xxxviiith yeare of his Löpps Dominion &c That the said
     James Barkehurst give bond to Christopher Rousby Sheriff of Cal-
     vert County that if any such person as James Barker appeare and
     demand the said tobacco that then the said Barkehurst repay the same
     and that In the interim the said Christopher Rousby pay the same
     to the said Barkehurst.

     Wm Calvert Esq agt Thomas Ringold late of Kent County was [p.84]
     Thomas Ringold Summoned to answer unto William Calvert
     Esq in a plea of trespas upon the case. And whereupon the said
     William by Robert Carvile his Attorny saith that the said Thomas
     being justly indebted to the said William in the summe or quantity
     of One thousand pounds of good sound merchantable tobacco and
     caske did upon consideration thereof the sixtenth day of June in the
     yeare of Our Lord One thousand six hundred sixty six assume upon
     himselfe and then faithfully promised to pay or cause to be paid to
     the said William Càlvert his heirs executors or assignes the said
     summe of One thousand pounds of good sound merchantable tobacco
     and caske upon demand notwithstanding the said Thomas his prom-
     ise and assumption aforesaid little regarding but fraudulently intend-