Provincial Court Proceedings, 1676.     373

         nified & hath losse to the value of ten thousand pounds of tobacco Liber N N
         & thereupon he bringeth his suite
          1th December 1675
           To John Currer Tenant in possession of the prmisses abovemen-
              tioned.
            Unlesse the Tenant in possession or they under whom he claimes
            doe the next Provinciall Court appeare to this declaration &
            make him or themselves defendants thereunto and by rule of
            Court confesse the lease entry & ejectment & insist only upon
            the title the defendant in this declaration will confesse judg-
            ment & possession will be delivered accordingly to the plaintiff.
           And the said Isaac Winchester by George Parker his Attorny
         cometh and defendeth the force and injury when &c and prayeth
         liberty of Speakeing hereunto untill the next Provinciall Court and
         it is granted him the same day is given to both parties.
           And in the same cause it was Ordered by the Consent of Robert
         Carvile Attorny for the plaintiff and George Parker Attorny for
         John Currer that the said John Currer should be admitted defendant
         and that he forthwith appeare & receive & declaration & plead to it
         the Generall issue and at the tryall to be thereupon had the said John
         Currer shall appeare in his proper person or by his Attorny and shall
         confesse lease entry & ejectment or that in default thereof judgment
         shall be entred against the said defendant Winchester the casuall
         Ejector but all further prosecution against him shall cease untill the
         said John Currer shall make default in any of the premisses. And it
         is further, Ordered by the Court by the consent aforesaid that the
         said John Currer shall not take any advantage against the plaintiff
         for not prosecuteing upon the tryall occasioned by Such default
         but that the said John Currer shall pay to the plaintiff the costs by
         this Court to be taxed in this cause And it is further Ordered that
         the Lessor to the plaintiff shall be Charged with the payment of the
         costs to the defendant if any be adjudged to him.
           Afterwards to witt the ninth day of December in the Second yeare
         of the Dominion of Charles Lord Baltemore &c Annoq Dom 1676
         The Court being fully satisfied by the Oath of the said Thomas
         Marsh Lessor to the plaintiff that upon the twelfth day of April last
         past he went upon the abovementioned land and mett with the said
         John Currer then Tenant in possession of the premisses & then and
         there delivered him a coppy of the abovesaid declaration & ejectment
         in the presence of Edward Roe & his wife & Charles Bancks, and
         for that the said John Currer hath not pleaded thereunto the plain-
         tiff Attorny prayeth that judgment may passe against the defendant
         and the said defendant pay such costs to the plaintiff as by the Court p. 229
         shall be adjudged him. Whereupon it is considered by the Court
         here that the said Thomas Marsh his possession of the aforesaid
         three hundred & fifty acres of land called Cabbin Neck with the