290  Provincial Court Proceedings, 1674.




        Liber M M   Order or authority from the said Richard and Thomas or either
                of them to receive the same the said sume of six thousand two
                hundred twenty five pounds of tobacco in part of the said bill of
                nine thousand One hundred ninty foure pounds of tobacco nor was
                the said John Manning ever Attorny or receiver of the said Rich
                ard and Thomas or either of them as the said Henry hath above
                alleadged and as to the two thousand nine hundred sixty nine pounds
                of tobacco they say the said Henry did not tender the same as by
                the said Henry is above alleadged and this they are ready to averr
                whereupon they demand judgment and their debt aforesaid together
                with their damages to be adjudged unto them
                  And the aforesaid Henry as formerly saith that he paid the
                aforesaid John Manning as the Attorny or receiver of the said
                Richard Covell and Thomas Groves the aforesaid summe of six
                thousand two hundred twenty five pounds of tobacco as part of the
                said bill of nine thousand One hundred flinty foure pounds of to
                bacco and as to the two thousand nine hundred sixty nine which was
                behind of the aforesaid bill of nine thousand One hundred flinty
                foure pounds of tobacco he ever was and is still ready to pay and
                of this he putts himself upon the Country and the plaintiffs likewise.
                therefore it is Comanded the Sheriff of St Maries County that he
                cause to come here twelve &c by whom &c who neither &c because
                aswell &c to recognize &c
                  At which day to witt the fiftenth day of May in the 42th yeare of
                the Dominion of Caecilius &c Came aswell the said Richard Cove!!
                and Thomas Groves by Robert Carvile their Attorny and the said
                Henry Mitchell by Vincent Lowe his Attorny and the jurors of that
                jury likewise come to witt William Claw George Charlsworth Joseph
                Hackney John Smalpeece Thomas Baile Richard Whitty Henry
                Rider Richard Ridgall John Rawlings Abraham Rhodes William
            p.  214 Baker and John Cheyney who to say the truth in the premisses being
                impannelled Sumoned and sworne Upon their Oathes doe say they
                find for the deft no cause of Action But because his Lopps justices
                will advise before they give judgment heareing this cause putt in
                respite untill the morrow and the Same day is given to both parties
                  Att which day to witt the sixtenth day of May in the yeare afore
                said Came aswell the said Richard Covell and Thomas Groves by
                Robert Carvile their Attorny and the said Henry Mitchell in his
                proper person likewise came and the said Richard and Thomas
                prayed inspection of the receipt of John Maning for the said Summe
                of Six thousand two hundred twenty five pounds of tobacco which
                was by the said Henry produced whose date was the twentith day of
                April One thousand six hundred and seventy and the Court in
                quireing of Banjamin Cloyster and Timothy Murimura wittnesses
                thereunto when the said receipt was made who upon their Oathes
                doe declare that the receipt was made On tuesday last being the
                twelfth day of this instant month of May by which it appeares to