Provincial Court Proceedings, 1676.     453

        Joseph Hackney Thomas Pinke admr of all and singular the goods Liber N N
            agt Chattells Rights & Creditts of Jane Paine decd
      Thomas Pinke  was attached to answer unto Joseph Hackney of a
                    plea of trespas upon the case
          And whereupon the said Joseph by Robert Ridgely his Attorny
         complaineth that whereas the said Jane the fifth day of June 1675
         departed this life leaveing behind her severall Orphants of a very
         tender age, The Honble Philip Calvert Esq Comissary Generall &
         cheife judge for probate of Wills & granting administraoöns within
         this Province of Maryland legally constituted & appointed by his
         Order under his hand & seale of Office did appoint the said Joseph
         to see the said Jane decently interred & the said Joseph in fact saith
         that in Obedience thereunto he the said Joseph did per forme the
         same & for the trouble of himself wife & Servant in & about the
         Same & in inventorizeing & appraiseing the estate of the said Jane
         he doth well deserve the summe of three hundred pounds of tobacco,
         afterwards to wit the thirtenth day of June then next following the
         said judge by another Order under his hand & seale of Office, recite-
         ing that whereas the said Jane was dead intestate, her Children being
         all Infants under the age of Seaventeene yeares, for the preserva-
         tion of the Cropp of tobacco & Corne then growing upon the ground
         (no person offering to administer) did order the said Joseph to take
         charge of the Cropp & managemt of the Orchard till such time as an
         Admr could be found or the County Court take further Care therein
         The said Joseph further in fact saith that in Obedience thereof he the
         said Joseph did take charge of the Cropp of Indian Corne & English
         & tobacco & also of the managemt of the Orchard from the said 13th
         of June to the 13th of January then next following & for his trouble
         care & paynes in & about the same he doth reasonably deserve two p. 283
         thousand eight hundred pounds of tobacco By reason whereof action
         hath accrued to the said Joseph to require & have of the said Thomas
         Pinke admr as aforesaid aswell the said summe of three hundred
         pounds of tobacco so due as aforesaid as also the said summe of two
         thousand eight hundred pounds of tobacco for his time aforesaid in
         all the summe of three thousand One hundred pounds of tobacco,
         but the said Thomas to pay the same hath & still doth refuse & deny
         to the damage of the said Joseph foure thousand pounds of tobacco
         & thereupon he bringeth his suite.
          And the said Thomas by Robert Carvile his Attorny cometh &
         defendeth the force & injury when &c & Saith nothing in barr or
         avoidance of the action aforesaid of him the said Joseph so as afore-
         said against him brought. Whereupon it is granted by the Court
         here the eight & twentith day of April 1677 That the sd Joseph
         Hackney recover against the estate of the said Jane Paine aswell the
         summe of three thousand One hundred pounds of tobacco damages