168  Provincial Court Proceedings, 1673.




         Liber M M   Default wherefore it is Considered by the Cort here that the said
                 Curtis ffletcher Recover agt the Estate of the said William Hattoff
                 deceased Remaining in the hands of the said Edward and Caleb
                 aswell the said sume of five Thowsand five hundred forty and
                 Seaven pounds of Tobacco his debt aforesayd as also the sume of
                                pounds of Tobacco for his costs and Charges
                 in this behalfe Expended and the said Edward & Caleb in mercy &c.

                Garrat Vanswearingen Cornelius Stewart late of Ann Arundell
                      agt County was Sumoned to answere unto Gar
             Cornelius Stewart   rat Vanswearingen in a plea that he rendr
                                 unto him the sume of One Thowsand Two
                                 hundred & thirty pounds of Tobacco wch to
                                 him he oweth & unjustly Deteineth
                   And whereupon the said Garrat Vanswearingen by Kenelm Chisel-
                 dine his Attorney saith that whereas the said Cornelius the 11th day
                 of March in the yeare 1673. did binde himself his heirs Executors
                 & Admrs to pay or Cause to be payd unto ye said Garrat his heires
                 Executors and Admrs the full and Just Quantity of twelve hundred
                 and thirty pounds of Tobacco to be payd on the Tenth day of
                 Octobr next Ensueing Notwthstanding wch the said Cornelius the
                 said sume of Twelve hundred and thirty pounds of Tobacco accord
                 ing to the Tenor of his bill hath not payd though often Required
                 but the same to pay Denyes to the Damage of the said Garrat Two
                 Thowsand pounds of Tobacco and thereupon he bringeth his suite.
                   And the said Cornelius Steuart by George Parker his Attorney
                 cometh & Defendeth the force and injury when &c & prayeth liberty
                 of Speaking thereunto untill the first day of the next Provincial
                 Cort and the same day is given to both ptyes.
                   At wch day that is to say the 12th day of November in ye 42th
                 yeare of ye Dominion of Caecilius &c Annoq Domini 1673. Came
                 the said Garrat by Kenelm Chiseldine his Attorney and offered him
                 self agt the said Cornelius of and upon the prmises and the said
                 Cornelius appeared not but made Default wherefore It is Considered
                 by the Cort that the said Garrat Recover agt the said Cornelius aswell
                 the sd sume of Twelve hundred and thirty pounds of Tobacco his
                 debt aforesayd as also the sume of pounds of
                 Tobacco for his costs and Charges in this behalfe Expended and the
                 said Cornelius in mercy &c.

                Thomas Dawborne
                      agt        These two Causes upon writs of Error are
                 John Cumber
                                 by Consent of Attorneys of both sides con-
                 Christopher Andrewes    .
                                 tinued untill the next Cort.
                                  agt

                 Robert Chapman