454        Provincial Court Proceedings, 1676.

            Liber N N occasioned by the trespas aforesaid as also the summe of five hundred
                   thirty Six pounds of tobacco costs of suite.

                  Patrick Sulivant John Desjardins late of Cecil County was suth-
                      agt oned to answer unto Patrick Sulivant Exr of the
                   John Dejardins    last will & Testament of John Nevill deceased of a
                   plea that he render unto him his reasonable ac-
                   count of the time wherein he was the receivour of the goods &
                   tobacco of him the said John Nevill in his life time which to him to
                   have made he ought &c.
                    And whereupon the said Patrick by Mathew Warde his Attorny
                   complaineth that whereas the said John Desjardins was the receiver
                   of the goods & tobacco of him the said Jno Nevill in his life time
                   from the tenth day of October 1672 untill the twentith day of April
                   in the ycare 1673 & by the same time did receive of the tobacco due
                   to the said John Nevill in his life time by the hands of Henry
                   Mitchell the full summe of eleaven thousand eight hundred pounds
                   of tobacco to render a reasonable account thereof to him the said
                   John Nevill in his life time when he should be thereunto required
                   Neverthelesse the said John Desjardins although often required bath
                   not yet rendred his reasonable accompt aforesaid to him the said
                   John Nevill in his life time, nor to the sd Patrick Executor of the
                   Said John since his death but hitherto hath denyed & as yet doth
                   deny to render unto him the same Whereupon he saith he is damp-
                   nified & hath losse to the value of foure thousand pounds of tobacco
                   & thereupon he bringeth his suite And the said Patrick bringeth here
                   into Court the will of the said John Nevill with the probate thereof.
                    And the aforesaid John Desjardins by George Parker his At-
                   torny cometh and defendeth the force & injury when &c and Saith
                   he was never receiver of the goods & tobacco of him the aforesaid
                   John Nevill in the declaration Specified or an account thereof to
                   render in manner & forme as the aforesaid Patrick above against him
                   hath declared & of this he putts himselfe upon the Country & the
                   plaintiff likewise Whereupon Comand is given to the Sheriff that
                   he cause to come here twelve &c. Now here at this day to wit the eight
                   & twentith day of April 1677 Came the partyes by their said At-
                   tornyes & the jurors of that jury also came to wit Edward English
                   Marmaduke Semme Samuel Raspin Thomas Russell John Darby
                   John Barnes John Waghop Jno Hyland ffrancis Swinfen James
                   Rumsey Edward Parish & Michael Miller who being impannelled
                   Summoned & Sworne to say the truth in the premisses upon their
                   Oathes doe say Wee find for the defendant with costs of Suite
                   Wherefore it is granted by the Court here that the said John
                   Desjardins recover against the Said Patrick as Executr as aforesd
                   the summe of          pounds of tobacco Costs of suite
                  & the said Patrick as to his plaint aforesaid goe thereof without day.