108 Provincial Court Proceedings, 1678/9.

Liber N N

boy Servant had no Indentures but was to serve according to the
Custome of the Countrey according to the Act in that case made &
provided And the said Henry giveing creditt by the Informacon
of the said John Cornish he did buy of the said John the said boy
Servant for the Sume of fifteen hundred pounds of tobacco by him
sufficiently secured to be paid And the said John Cornish by his

writeing under his hand bearing date the day &. yeare abovesaid &

here ready to be produced did bargaine & Sell unto the said Henry
the said boy Servant & did warrant the sale of him for the Custome

P. 773

of the Countrey Or otherwise the said John did promise to take
his said boy servant againe, & to returne back the bill past by the
said Henry for the said ffifteen hundred pounds of tobacco And
the said Henry in fact saith, that he did upon that account & no
other receive the said Servant And that afterwards he carryed the
said boy Servant being about fourteen yeares of age to the Court of
Dorchister County to be judged And the said Servant did then make
itt appeare to the Court that the said Servant had an Indenture &
was to serve but foure yeares, whereby the said Henry upon the
bargaine & Sale & warranty aforesaid was very much deceived &
defrauded & ought to haue restitucon for his bill past for the said
ffifteene hundred pounds of tobacco Yet notwithstanding the said
John his promise aforesaid little reguarding but deviseing & fraudu-
lently intending him the said Henry in this case craftily & subtily
To defraud & deceive he the said John in his life tyme nor the said
Thomas since his death though often thereunto requested have not
only denyed to take the said Servant againe & deliver back the said
bill past by the said Henry, but the said Thomas hath caused the
said Henry to be sued upon the same, to the damage of the said
Henry three thousand pounds of tobacco & thereupon he bringeth

his suite

And the said Thomas Snell by W^m Crosse his Attorney cometh
& defendeth the force & injury when &c and prayeth liberty to im-
parle hereunto untill next Provinciall Court & itt is granted unto
him, the same day is giuen to the p^lt also
Now here att this day to witt the thirteenth day of March in
the fourth yeare of the Dominion of Charles Lord Baltemore &c
Annoq Doni 1678 cometh the said Henry Hooper by his Attorny
aforesaid, And offereth himselfe against the said Thomas Snell in
the plea aforesaid, but the said Thomas cometh not but maketh
default, therefore itt is considered by the Court here, that the said
Henry Hooper recover against the said Thomas Snell Adm^r as
aforesaid his damages sustained by occasion of the p^rmisses, but
because itt is not known to the Court here what damages the said
Henry hath sustained in this behalfe Therefore itt is Ordered that
a writt of Inquiry of damages issue returnable att the next Pro-
vinciall Court