62 Provincial Court Proceedings, 16 72/3.



         Liber M M   agt Richard Smith Admr of Thomas Manning in August Court,
                 that notwithstanding the said Judgemt the said Richard utterly denied
                 to pay yor petr pursuant thereunto, That yor petr in November Cort
                 last went to Mr Bankes the then and full Clerke of the said Court
                 for Execution thereupon who made out Execution by cap ad sat
                 agt the body of the said Richd the Admr according to presidents
                 there in like nature, and the said Richard being thereupon taken in
                 Execution, the said Richard pcured a supsedeas after Execution
                 served to discharge his body by reason whereof yor petr is not only
                 in danger to lose his debt but the benefit of his Judgemt, obteined
                 at his very great Charge & Expence of time, which supsedeas being
                 graunted contrary to practise being after Execution served wch
                 appearing yor petr humbly prayes that the supsedeas may be set aside
                 and the said Richard may be againe taken in Execution.
                   Tho: Bland               And yor petr shall pray.

                   Upon the foregoing petition of Benjamin Cloyster, Exhibited to
                 this Cort by the hand of Thomas Bland gentl one of the Attorneys
                 of this Cort & Mr John Morecroft Attorney for Smith who sued
                 out the Supsedeas aforesayd being prseflt in Cort and the case being
                 fully argued by the said Attorneys of both sides, the Cort is all
                 Clearly satisfyed and it is their Judgemt that in this case a supsedeas
                 ought to issue, the Execution being taken out wrong but that the
                 plt may take out Execution thc Estate of the Testator in the
                 defendts hands if he thinke fit.

                   Then did the Sheriff of Charles County bring into this Court the
                 bodyes of ffrancis Kilborne and Elizabeth his wife by him taken
                 upon a writ of Cap ad sat at suite of Thomas Hussey issueing out
                 of this Court, and retornable here this day wch said ffrancis & Eliza
                 beth were by the Court comitted unto the said Sheriff of Charles
                 County by him to be Kept in prison untill they should satisfy the
                 said Thomas the sume of One hundred Thowsand pounds of Tobacco
                 with costs of suite and the said ffrancis and Elizabeth in mercy &c.

               p. 4  Then was Nicholas Best gent' admitted and sworne one of the
                 Attorneyes of this Court and tooke his place accordingly.

                 Benjamin Rozer The Court fined Ignatius Courseene gentl one of
               40 agtthe Coroners of Charles County the sume of forty
                  Richard ffowke    shillings sterling for that he did not retorne this
               writ it appearing to ye Cort that he had received it.
               After the Court Samuell Cressy retorned the said
               writ to the office Endorsed thus. The within
               named Richard Fowke is not to be found in my
                Baliwick I Cawsine Coroner.