Provincial Court Proceedings, 1674/5. 473




      ten thousand pounds of tobacco due to be paid upon the non per- Liber M M
      formance of the premisses abovewritten unto him the said Edmund
      Hinchman his heirs executrs admrs or assignes And the said Edmund
      in fact Saith That the said Samuel did not by the said fourtenth day
      of May nor dureing all the time of the Stay of the said Vessell in
      the said River which was till the eleventh day of June following be
      fore she tooke her intended Voyage for the said Island of Barbadoes
      provide the said foure Tunns of tobacco aforesaid nor hath the said
      Samuel performed any part of his agreement in the said writeing
      conteined By which action hath accrued to the said Edmund to have
      of the said Samuel the said summe of ten thousand pounds of
      tobacco according to the said writeing Obligatory And thereupon
      he bringeth his suite.
        And the said Samuel Hatton by Kenelm Cheseldyn his Attorny p.464
      cometh and defendeth the force and injury when &c and prayeth
      liberty of Speakeing hereunto untill the next Provinciall Court the
      same day is given to both parties.
        Now here at this to wit the fiftenth day of ffebruary in the 43th
      yeare of the Dominion of Caecilius &c Annoq Doth 1674 came the
      said Edmund Hinchman by Robert Carvile his Attorny and offered
      himselfe against the Said Samuel in the plea aforesaid but the said
      Samuel Hatton came not but made default Therefore it is consid
      ered by the Court here that judgmt passe against the said Samuel by
      default for not answering the said Edmund to the action aforesaid
      and also that he pay unto the said Edmund the sume of
           pounds of tobacco for his costs & charges in this behalfe laid
      Out & expended. and the said Samuel in mercy.

     Edward Savage John Clemens late of Talbott County Merchant was
         agt attached to answer unto Edward Savage of Dor
    John Clemens chester County Clerke in a plea of trespas upon
                 the case.
        And whereupon the said Edward Savage by Robert Ridgely his
      Attorny complaineth that whereas he now is & for divers yeares
      last past hath enjoyed & Officiated the Clerkes place of the County
      Court of the said County of Dorchester by Virtue of Severall
      Cothissions from Severall of the Secretaryes of this Province by
      Virtue whereof he hath received Such ffees and rewards for his
      paines in doeing and performing his said Office of the Severall
      persons that had buisness therein as the Lawes of this Province in
      that case allow & moreover the said Edward being often imployed by
      Severall of the inhabitants of this Province as a Clerk for the draw
      ing ingrosseing and recording of Severall conveyances Sales of Land
      & other writeings for the drawing and ingrosseing of which the said
      Edward was wont to receive and take of the Severall persons that
      So imployed him as much as he agreed with them for and for the