386  Provincial Court Proceedings, 1674.




         Liber M M  him and in what manner he execute the same he make Knowne to
                 the justices here.
                  Att which said thirtenth day of October in the 43th yeare of his
                 Lopps Dominion &c the same Sheriff Saith he hath made Knowne
                 unto the said John Bailey in the presence of Mr Keneim Cheseldyn
                 and W Charles Delaroch that he be and appeare at the day and place
                 as is required.
                  And the said Garrett Vansweringen by Kenelm Cheseldyn his
                 Attorny and the said John Bailey by George Old feud his Attorny
                 likewise came and the said John prayed liberty of Speakeing here
                 unto untill the next Provinciall Court and it is granted unto him by
                 the Court here the Same day is given to both parties.
                  Afterwards to witt the 12th day of December in the yeare afore
                 said came the said Garrett Vansweringen and the said John Balley
                 by their Attornys aforesaid and the said John Saith that the said
                 Garrett Ought not to have execution against him the said John for
                 the Said Sixteene thousand three hundred Sixty Seaven pounds of
                 tobacco damages and the said eleaven hundred and thirty pounds
                 of tobacco costs at the said Provinciali Court held at St Maries On
                 the said tenth day of December 1672 by the said Garrett against the
                 said John in forme aforesaid recovered because he Saith that the
                 Said John did take Out a Subpoena for Marke Cordea of St Maries
                 County Gent who was the chei fe evidence for the said John in the
                 Said cause and was privy to all the transactions between the Said
                 Garrett and the Said John to appeare before the said Justices the
                 Said tenth day of December 1672 then and there to testifie the truth
                 of his Knowledge in the said cause On the part of the Said John
                 and the said Marke Cordea was then Out of the Province Vizt at
                 New-York. By reason of the absence of which said Wittnes the said
                 Garrett by Surprize the judgment aforesaid against the said John
                 unduly and Surreptitiously did obtaine and whereupon the said John
                 prayeth the advice of this Court if the Said Garrett execution against
                 the said John upon the judgment aforesaid ought to have.
             p. 293 And the said Garrett Vansweringen in his proper person Saith
                 that as to five thousand One hundred twenty three pounds of tobacco
                 part of the said summe of Seventeene thousand three hundred flinty
                 Seaven pounds of tobacco he doth in Open Court acknowledge to be
                 fully Satisfied and paid and the said John Bayly as to the summe of
                 twelve thousand two hundred Seventy foure pounds of tobacco the
                 remainder of the judgment aforesaid Saith nothing in barr or
                 avoidance of execution thereupon Therefore it is considered by
                 the Court here that the said Garrett Vansweringen have execu
                 tion against the said John Bailey aswell for the said Summe of
                 twelve thousand two hundred Seventy foure pounds of tobacco the
                 remainder of the judgment aforesaid as also the summe of Six hun-