552  Provincial Court Proceedings, 1675.




         Liber M M  of Court and accompts unto him the said Garret in like manner as
                 he received them from him the Said Garret or the tobacco due from
                 the said persons upon the Said bills Orders of Court and accompts
                 So soone as he Should receive it of them that he would pay it to the
                 said Garret or his Order And the Said Garret in fact Saith that he
                 trusting to the faith full promise of the said John did deliver unto
                 him the Said John the aforesaid bills Orders of Court and accompts
                 amounting in the whole to the said summe of Eight thousand Seaven
                 hundred Sixty & Six pounds of tobacco as aforesaid Notwithstand
                 ing which the said John Quigley his promise and assumption in that
                 behal fe not regarding but endeavouring and fraudulently intending
                 him the said Garret to defraud and deceive the Said bills Orders of
                 Courts and accompts as aforesaid according to his promise hath not
                 returned nor the tobacco due upon the Same hath not paid though
                 often thereunto required but the same to pay or deliver againe to him
                 the said Garret hath altogether denyed and Still doth deny to the
                 damage of the said Garret twelve thousand pounds of tobacco And
                 thereupon he bringeth his suite.
                   And the said John Quigley by Robert Carvile his Attorny corn
                 eth 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 here, Now here at this day to wit the Seventh
                 day of May in the 43th yeare of the Dominion of Caecilius &c came
                 the said Garret Vansweringen by his Attorny aforesaid & the said
             p.  534 John Quigley in his proper person came likewise and the Said John
                 Saith that he did not assume upon himselfe and to the Said Garret
                 make Such promise as the Said Garret hath above declared and of
                 this he putts himselfe upon the Country and the plaintiff likewise
                 There fore Comand is given to the Sheriff that he cause to come here
                 twelve &c which said jurors names are as follow [eth] John Gittings
                 Thomas Bowdie Thomas Courtney Wm Worgen Edward Dorsey
                 Thomas Doxey Wm Asbestone Jno Askin Wm King Richard Bayly
                 Jn° Doxey and Nicholas Guither who being impannelled Sumöned &
                 Sworne were dismist the parties being content to putt themselves
                 upon the judgmt of the Court and the judgment of the Court is that
                 there is no cause of action Therefore it is considered by the Court
                 here that the said John recover against the said Garret the summe of
                            pounds of tobacco for his costs of Suite in this be
                 half e expended and the said Garret in mercy for his false claime.
                    And the said John Quigley did then promise to deliver the said
                    Garret the bills Specified in the declaration aforesaid together
                    with the Orders of Court & accompts or else to con fesse judg
                    ment for the same at the next Provinciall Court.

                   Comand was given the Sheriff of St Maries County that he cause
                 to come here twelve good and law full men of this Province diligently