Provincial Court Proceedings, 1674.     385

      against the Said John in forme aforesaid recovered because he Saith Liber M M
      that he the said John the Said Garrett the said Summe of eight thou
      sand five hundred twenty Seaven pounds of tobacco hath paid and
      Satisfied according to the judgment of the justices of the said Count
      and this he is ready to averre and therefore demandeth the judg
      ment of this Court if the Said Garrett execution against him the
      said John Ought to have.
        And the Said John Bailey produceth here in Court One certaine
      bill or writeing Obligatory of him the said Garrett Vansweringen
      under his hand and Seale beareing date the fiftenth day of ffebruary
      One thousand Six hundred Sixty eight for twelve thousand pounds
      of tobacco payable to John Nethway of ifyali merchant and Compa.
      upon the tenth day of November then next ensueing the date of the
      said bill and also an accompt of Sixty Six gallons of wine Sold and
      delivered him for One thousand Six hundred and fifty pounds of
      tobacco. which said severall Summes amount in the whole to thin
      teene thousand Six hundred and fifty pounds of tobacco. the said
      Garrett Vansweringen in his proper person did acknowledge to be
      and Stand indebted unto the Said John Bailey the Said Summe of p. 292
      thirteen thousand Six hundred and fifty pounds of tobacco. There
      fore it is considered by the Court here that the judgment aforesaid
      Should be revoked nuiled and taken for nothing and that the Said
      John Bailey should be restored to all things which he had lost by
      Occasion of the judgment aforesaid

      Garrett Vansweringen Comand was given unto the Sheriff of St
         agt Maries County That whereas at a Provinciall
      John BaileyCourt held at the Citty of St Maries the tenth
      day of December in the 41th yeare of the
      Dominion of Caecilius &c Annocp Dom 1672
      in a cause depending betweene Garrett Van
      sweringen plaintiff and John Bailey defendant. it was then and
      there considered by the Same Court that the Said Garrett recover
      against the Said John Bailey asweil the sume of Sixteene thousand
      three hundred Sixty and Seaven pounds of tobacco for his damages
      by occasion of the premisses as also the summe of eieaven hundred
      and thirty pounds of tobacco for his costs and charges expended in
      the same Suite which said Summes amounting to Seventeene thou
      sand three hundred ninty Seven pounds of tobacco he the Said John
      Balley hath not Satisfied wherefore execution for the same remain
      eth to be made It was therefore Comanded the same Sheriff that by
      good and lawfull men of his Bailiwick he make Knowne to the said
      John Bailey that he be and appeare before the justices of the said
      Court the thirtenth day of October to shew cause if any he have
      why execution should not issue upon the judgment abovesaid against