163


      Provincial Court Proceedings, 1673.

      or Attorney and acknowledge the Demise Entry and actuall Expul- Liber M M
      sion or in Default thereof Judgemt shalbe entred agt the Defendt
      Thomas Momford the casuall Ejector but any further prosecution
      against him shalbe spared untill the said Philip in any of the prmises
      shall make Default And by the Consent of the Councell It is further
      ordered by the Cort that the said Philip shall take no Advantage agt
      the pfl for not psecuting occasioned by his Default but the said Philip
      shall pay to the plt the costs by the Cort to be Taxed thereupon and
      it is further ordered that the Lessor plt shalbe Chargeable the
      paymt of the Defendts costs by the cort allowed by any meanes taxed
      & adjudged. and now here at this day to say the 12th day of Novem
      ber in the 42th yeare of the Dominion of Caecilius &c Annoq Domini
      1673. according to ye above ordr a new Declaration was filed and
      the Cause continued untill the next Cort

     Jonathan Sybrey Jeremiah Eaton late of Kent County and Mary
          agt his wife Administratrix of the goods and Chatteils
      Jeremiah Eaton of Thomas Ingram late of the said County de
      ceased were summoned to answere unto Jonathan Sybrey of a plea
      that they Render unto him the sume of thirty Thowsand pounds of
      Tobacco wch from him they unjustly Deteyne. p. 100
        And whereupon the said Jonathan by Vincent Lowe his Attorney
      saith that whereas the said Thomas Ingram together with John
      Wright as his security in the life time of the said Thomas to wit
      the 23th day of January in the yeare of our Lord 1667 by their
      certeine bond or writing obligatory sealed with the seales of them
      the said Thomas and John and here in Cort pduced whose date is
      the day and yeare abovesd did acknowledge themselves to owe and
      stand indebted to the said Jonathan in the sd suth of thirty Thowsand
      pounds of good sound and marchantable Tobacco in leafe and
      Casque according to Act of Assembly and for the true & Just paymt
      well and truly to be made and done they did binde themselves their
      heires Executors and Admrs Jointly and seurally for the whole and
      in the whole 30000l Tob aforesyd Yet the said Thomas Ingram and
      John Wright in the life time of the said Thomas and the said John
      and Mary while the said Mary was sole and the said John and
      Jeremiah & Mary since the Intermarriage of the said Jeremiah &
      Mary although often Demanded the abovesayd sume of 30000l Tob
      have not Rendred to him the said Jonathan but the same to Render
      unto him have Denyed and the aforesayd Jeremiah and Mary his
      wife the same to him as yet to Rendr doe deny and unjustly deteyne
      whereupon he saith he is Damnifyed and hath losse to the vallue
      of 40000l Tob and thereupon he bringeth his suite.
        And the said Jeremiah and Mary his wife by John Morecroft their
      Attorney come and Defend the force and injury when &c and pray
      the hearing of ye said writing obligatory and it is Read unto them