384  Provincial Court Proceedings, 1674.




         Liber M M   not a willful default of the Petitioners they humbly pray that the
                 said causes may be reteined and their Clyents not Suffer for this
                 default.
             p. 291 Ordered by the Court here that the Petitioners be fined to his
                 Lopp the Lord Proprietary the sume of foure hundred pounds of
                 tobacco apeice.

                 Garrett Vansweringen Comãnd was given to the Sheriff of St
                 agtMaries County that Whereas at a Provinciall
              John Bailey       Court held at the Citty of St Maries the tenth
                                day of December in the 41th yeare of his
                                Lopps Dominion &c Annoq Doth 1672 in a
                                cause depending betweene Garrett Vanswer
                 ingen plaintiff and John Bailey defendant it was then and there
                 considered by the justices of the same Court that the said Garrett
                 Vansweringen recover against the Said John Bailey aswell the
                 Summe of Seaven thousand Six hundred Seventy Seaven pounds of
                 tobacco for his damages by Occasion of the premisses as also the
                 summe of eight hundred and fifty pounds of tobacco for his costs
                 and charges expended in the said Suite which said Summes amount
                 ing unto eight thousand five hundred twenty Seaven pounds of
                 tobacco he the Said John Bailey hath not Satisified wherefore execu
                 tion. for the same remaineth to be made Therefore it was comanded
                 the Same Sheriff that by good and lawfull men of his Bailiwick he
                 make Knowne to the Said John Balley that he be before his Lopps
                 justices here the thirtenth day of October to Shew cause if any he
                 have why execution should not issue upon the judgment aforesaid
                 against him and in what manner he execute the same prcept he make
                 Knowne to The justices here.
                   And which Said thirtenth day of October in the 43th yeare of his
                 Lopps Dominion &c the Same Sheriff Saith That he hath made
                 Knowne unto the Said John Bailey before Mr Charles Delaroch and
                 Mr Kenelm Cheseldyn that he be and appeare at the day and place as
                 is required. And the said Garrett Vansweringen by Kenelm Chesel
                 dyn his Attorny and the said John Bailey by George Oldfield like
                 wise came, and the Said John Bailey prayed liberty of Speakeing
                 hereunto untill the next Provinciall Court and it is granted him the
                 same day is given unto both parties here.
                   Afterwards to witt the twelfth day of December in the 43th yeare
                 of his Lordshipps Dominion &c Came the said Garret by his Attorny
                 aforesd and the said John Bailey by his Attorny came likewise And
                 the Said John Bailey Saith that the Said Garrett Ought not to have
                 execution against him for the Said eight thousand five hundred
                 twenty Seaven pounds of tobacco damages and costs at the Said
                 Provinciall Court held at St Maries On the said tenth day of Decem
                 ber One thousand Six hundred Seventy two by the said Garrett