602  Provincial Court Proceedings, 1675.



          Liber M M  Nathaniel Heathcote of Our said County cothitted And One Samuel
                  Hatton by virtue of a letter of Attorny from Thomas Hatton
                  executor of the said John Hatton who in this Our Province proved
                  the said Will and On the behalfe of the said Thomas had Letters of
                  Administration of all the goods & chattells of the said deceased
                  granted unto him with coppy of the will thereunto annexed who
                  Cited the said Nathaniel Heathcoate before Our judge for probate
                  of Wills & granting administrations to render an accompt of the said
                  John Hattons estate and did there by Libell exhibited make appeare
                  before Our Said judge that a false inventory of the said estate was
                  exhibited by the said John Brewer and the said estate according to
                  inventory by the Said John Brewer exhibited to be wasted and im
                  bezelled by him the Said John Brewer & no assetts remaineing to the
                  Said Elizabeth Administratrix of the said John Brewer nor to the
                  Said Nathaniel Admr of the said Elizabeth to satisfie the dam
                  ages of the said estate So wasted unto the Said Samuel Hatton
                  admr of the said John. Our Said judge for probate of Wills and
                  granting admrions according to the Lawes of this Province hath as
                  signed over the Said writeing in the nature of a recognizance to the
                  said Samuel for his releife in the premisses These are therefore to
                  will & require you by honest men of your Bailiwick that you make
                  Knowne unto the said ffrancis Holland that he be before Our justices
                  of Our next Provinciall Court to be holden at the Citty of St Maries
                  the eighth day of December next to Shew if he hath any thing for
                  himselfe or not to speake wherefore the aforesaid debt of One hun
                  dred thousand pounds of tobacco of the Lands & chattells of him the
                  said ffrancis in the forme aforesaid acknowledged ought not to be
                  rendred unto the said Samuel Hatton assignee of Us and lawfull
                  Administrator of the said John Hatton according to the forme of
                  the said writeing in the nature of a recognizance & have you there
                  this writ and the same Sheriff maketh returne of the writ afore
                  said that he be and appeare at the day & place as by the same writ he
                  was comãnded
                   At which said eighth day of December came the said ffrancis
                  Holland by Robert Ridgely his Attorny and saith that by a certaine
                  Act of Assembly of this Province entituled an Act for preservation
                  of Orphants estate the judge in Testamentary business in case of
                  wasting and embezelling of the estate by the former administrator
                  that then the said judge by the said Act is impowered to assigne
                  over the bond entering into by the former admr and his Security to
                  the new admr to be releived against them for Such wasting and em
                  bezellment. And the said ffrancis Saith that the said writeing in the
                  nature of a recognizance by the said Act to the said Samuel Hatton
              p. 580 ought not to be assigned because he Saith the same is a recognizance
                  and not mentioned in the said Act nor can issue be joyned & a jury
                  be impannelled in this Court to try whether the said John Brewer did