442      Provincial Court Proceedings, 1677/8.

           Liber N N  Province the thirteenth day of April in the third yeare of our
                  Dominion &c Annoq3 Doni 1678. Att which said Eleventh day of
                  June the said Sheriffe maketh returne of the writt aforesaid en
                  dorsed By vertue of this writt of possession I have given unto
                  Benjamin Rozer Esqr Admr of Dominick Bodkin possession of two
                  water Mills, one dwelling house, kitchen, Smithe shopp & hoghouse
                  with the land thereunto belonging.
                                              Wm Chandler Sheriffe.


                  Thomas Carvile Exr John Coode & Clement Hill gentt being or-
                  Robert Hunt dered & appointed Auditors to audite & state
                    agt          the accompts between the plaintiffe & defendt
                  Joshua GuibertAnd the said Auditors haveing made no report
                  thereof to this Court Itt is therefore this day
                  to witt the thirteenth day of June in the third yeare of his Lordpps
                  Dominion &c Anoq Doni 1678. ordered by the Court here that John
                  Coode & Walter Hall gentt be armed with a Comission to audite
                  & state the accompts between the said parties, & to make report of
                  their proceedings therein without delay


                  Robert Carvile Comand was given to the Sheriffe of Dorchister
                      agt County that he Attach any the Goods or Chattells
                Thomas ffisher  of Thomas ffisher Mrchant if they should be found
                             in his bailywick to the Value of five thousand six
                  hundred eighty five pounds of tobacco, & them in his custody to
                  keep untill the said Thomas ffisher should by himself e or his Attorney
                  appeare here this Eleventh day of June to answer unto Robert Car-
                  vile genti one of the Attorneys of this Court according to the lib
                  erties and priviledges allowed &c in a plea of trespas upon the case
                  Att which said Eleventh day of June the same Sheriffe made returne
                  of the writt aforesaid that he hath Attached in the hands of John
                  Brooke the sume of five thousand six hundred eighty five pounds of
                  tob. Now here att this day to witt the twelfth day of June in the
                  third yeare of his Lordpps Dominion &c Annoq3 Doni 1678. came
                  the said Robert Carvile in his proper person but the said Thomas

              p. 661  ffisher Came not, whereupon the said Robert Carvile prayed that
                  the tobacco so Attached as aforesaid might be condemned unto him
                  & itt is granted, the said Robert Carvile giveing security to the Court
                  here to indempnifie the Court & make restitucon of the same or the
                  Value thereof in case the said Thomas ffishcr or his Attorney shall
                  within a yeare & a day make his or their just & due defence & pro
                  ceed on in the said action in comon forme, & make itt appeare that
                  the said Robert Carvile is satisfied his just demand or any part
                  thereof according to the true intent & meaning of a certaine Act of
                  Assembly in that case made & provided.