Volume 65, Page 216 View pdf image (33K) |
2 16 Provincial Court Proceedings, 1673/4. Liber M M penny thereof then being altogether unsatisfyed by wch an accön doth accrue unto the sd John Litchington to Require & have of the said Luke the sd 200001 Tob & 6501 Tob costs of suite Notwthstand ing wch the sd Luke though often Required the sd sume of 20650l Tob hath not pd to the sd John Litchington but the same to him to pay hath altogether refused & still doth Refuse whereupon he saith he is Damnifyed and hath losse to the vallue of 40000l Tob & there upon he bringeth his suite. And the sd Luke Gardner by Robert Carvile his Attorney Cometh & Defendeth the force & injury when &c and saith that he the sd Luke doth not owe unto the sd John the sd sume of 20650l Tob or any Pt thereof in manner & forme as the sd John hath above Declared agt him and of this he puts himself upon the Country and the sd John Litchington likewise. Therefore Comaund is given unto the Coronr of St Maryes County that he Cause to Come before the Justices of the next Pro vincial Court twelve &c by whome &c who neither &c because aswell &c to Recognize &c and the same day is given to both ptyes At wch day that is to say the tenth day of ffebruary in the 42th yeare of ye Dominion of Caecilius &c Annoq Domini 1673. before the said Justices Came the said Defendt Luke Gardner by Robert Carvile his Attorney & the said pfl John Litchington being solemnly Called to psecute his said writ appeared not whereupon the said Deft Craved a Nonsuite might be awarded agt him; and the Court ordered the same, wherefore it is Considered by the Court that the sd John Litchington lose his writ in this behalfe sued out and have no benefit thereby and that the sd Luke Gardner Recover agt the sd John Litchington the sume of pounds of Tobacco for his Costs and Charges in this behalf e Expended and the said John in mercy for his false Complaint John Charlesworth Mathias Decosta late of St Maryes County agt planter was suthoned to answere unto John Mathias Decosta Charlesworth in a plea of Trespas upon the case And whereupon the sd John by Kenelm Chiseldyne his Attorney Complaineth yt whereas the sd Mathias the day of in the yeare of our Lord 1672 Depted this Province and left George Charlesworth of the sd County his Attorney genrally to act & Doe for the said Mathias in his absence what the said George should thinke fit & Convenient, the sd George Charlesworth afterwards to wit the 10th day of March in the yeare aforesayd did by Articles of agreemt undr hand & seale Covenant & Agree wth the sd John Charlesworth as an Overseere to looke after & take Charge of what servants stock and Cattle and other thinges wch was then upon the plantation of the sd Mathias and by the sd writing the |
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Volume 65, Page 216 View pdf image (33K) |
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