Provincial Court Proceedings, 1677/8.    167

        Rumsey did binde himself e his heyres Exrs Admrs Yet notwithstand- Liber N N
        ing the said James Rumsey the said sume of foure thousand two
        hundred & sixteen pounds of tobacco according to the tenour of the
        said bill hath not paid, but the same to pay altogether denyes, where
        upon the said Stephen Luffe saith he is damnified & hath losse to the
        Value of Eight thousand pounds of tobacco, & thereupon he bringeth
        his suite.
         And the said James Rumsey by Kenelm Cheseldyn his Attorney
        cometh & defendeth the force & injury when &c and prayeth liberty
        of speakeing hereunto untill next Court & itt is granted him, the
        same day is giuen to the said Stephen Luffe
         Now here att this day to witt the one & twentieth day of ffebry in
        the third yeare of the dominion of Charles Lord Baltemore &c An
        noq Doni 1677 came the said Stephen Luffe by his Attorney afore.
        said, & & offered himselfe against the said James in the plea afore
        said And the said James by his said Attorney came also & saith,
        that as to two thousand one hundred fifty six pounds of tobacco
        he cannot gainsay, for that he oweth the same to the said Stephen
        And is content that judgemt passe against him for the same where
        upon itt is granted by the Court here, that the said Stephon Luffe
        recover against the said James Rumsey the sume of two thousand
        one hundred fifty six pounds of tobacco debt As also the sume of
        Seaven hundred pounds of tobacco costs of suite

        ffebruary 13th 1677.
         Upon the peticOn of James Moseley of Dorchister County, that on
        the sixth day of October One thousand six hundred seventy foure. oure,
        haveing before lately served as Overseer for the highwayes for
        Armitage Hundred in the said County, was againe ordered by the
        Comissionrs there to be againe Overseer for the sume Hundred which
        he performed, & in the yeare One thousand six hundred seventy five
        was served with an order from the said Comrs to serve in the said
        Office, which he could not performe, by reason he was not impowered
        by the said order or warrant to presse Assistance for the performance
        of the worke Yett neverthelesse att a Court held in the County afore
        said the seventh of Novembr last past was presented to the grand
        Jury there for not makeing the high wayes passable according to
        Act of Assembly, & fined by the Court two thousand pounds of
        tobacco And for that he was ordered to serve as aforesaid as Over
        seer oftener then is usuall & contrary to Act of Assembly, & not
        enabled by the warrant to presse Assistance, & the warrant not made
        within the tyme lymitted by the Act, & condemned unheard And
        the matter never putt to a petty jury, & the grand jury consisting but
        of Eleven men Itt is ordered by the Court here, that the Judgmt
        aforesaid be superseded And that the Justices who were then prsent
        in Court att the passing the Judgemt aforesaid be Sumoned to ap
        peare here att the next Provinciall Court to answer the prmisses