448        Provincial Court Proceedings, 1676.

        Liber N N of               pounds of tobacco costs of suite but So as

                   execution Stay untill assetts.

                   Wm Hatton     Garret Vansweringen late of st Maries County
                      agt was attached to answer unto Wm Hatton
                Garret Vansweringen   admr of the goods & chattells of Richard
                                   Hatton deceased in a plea of trespas upon
                                  the case.
                     And whereupon the said Wm by Keneim Cheseldyn his Attorny
                   complaineth that whereas Daniel Clocker late of st Maries deceased,
                   in his life time Stood indebted to the said Richard Hatton in his life
                   time the summe of two thousand three hundred & fifty pounds of to-
                   bacco the Said Garret the nine & twentith day of January in the yeare
                   of Our Lord 1674 in Consideration that the said Richard Hatton
                   would discharge the Said Daniel from the said debt of two thousand
                   three hundred & fifty pounds of tobacco & accept the same to be paid
                   by him the said Garret the said Garret did assume upon himselfe & to
                   the Said Richard did faithfully promise that he the Said Garret when
                   thereunto required the Said Summe of two thousand three hundred
                   & fifty pounds of tobacco to him the said Richard would well & truly
                   content & pay and the Said Wm in fact saith that the Said Richard
                   did discharge the said Daniel & accept the said Garret for pay. Not-
                   withstanding which the Said Garret the sd sume of two thousand
                   three hundred & fifty pounds of tobacco to him the said Richard in
                   his life time hath not paid nor to the Said Wm Since his death to
                   whom administracOn of all & Singular the goods & chattells which
                   were the said Richards at the time of his death Since his death to
                   him granted though often thereunto required hath not paid accord-
                   ing to his promise but the same to pay hitherto hath & Still doth
                   deny to the damage of the said Wm foure thousand pounds of
                   tobacco & thereupon he bringeth his Suite.
                     And the said Garret by Robert Ridgely his Attorny cometh &
                   defendeth the force & injury when &c & prayeth liberty to imparle
                   hereunto untill the next Court & it is granted unto him the same day
                   is given the said William.
                     Now here at this day to wit the six & twentith day of April 1677
                   Came the said partyes by their said Attornyes & the said Garret
                   Saith nothing in barre of the action aforesaid of him the Said Wm
                   in forme aforesaid against him brought Whereupon it is granted
                   by the Court here that the said Wm recover against the Said Garret
                   aswell the summe of two thousand three hundred & fifty pounds of
                   tobacco damages occasioned by the trespas aforesaid as also the
                   Summe of fourteen hundred fifty & six pounds of tobacco costs
                   of suite.