| 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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