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Provincial Court Proceedings, 1678. 27
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of tobacco & thereupon they bring their suite And they bring here
into Court the Letters of Administracon, whereby itt may appeare
to the Court here that the said Henry Stocket & James Stavely are
Admrs of the Goods & Chattels of the said Nathaniel Stiles &c
And the said James Mills by Kenelm Cheseldyn his Attorney
cometh & defendeth the force & injury when &c and prayeth liberty
to imparle hereunto until next Provinciall Court & itt is granted unto
him, the same day is given to the plaintiffes also
Now here at this day to witt the sixteenth day of Octobr in the
third yeare of the Dominion of Charles Lord Baltemore &c Anoq
Doni 1678 came the said parties by their Attorneys aforesaid And
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Liber N N
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the Said James Mills by his said Attorney prayeth the hearing of
the originall aforesaid & itt is read unto him, which being read &
heard he prayeth judgemt of the Writt & declaracon aforesaid, for
that he saith the Count in the Declaracon aforesaid is not maintain-
able by the writt aforesaid, for that the writt is in an accon of the
case And the Count in the Declaracon is in debt upon simple con-
tract, which is not maintainable by the writt aforesaid, & this he is
ready to averr, & therefore demands judgemt of the writt & Declara-
con aforesaid. Which being read & heard the said Henry Stocket &
James Stavely say by their Attorney aforesaid that they will make
no farther prosecution against the said James Mills in the plea afore-
said Therefore itt is considered by the Court here that the said
James Mills Execr as aforesaid recover against the proper Goods
& Chattels of the said Henry Stocket & James Stavely the sume of
One thousand & foure pounds of tobacco for his costs & charges by
him about his defence in this behalfe laid out & expended And the
said plaintiffs in mercy for their false plaint &c
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p. 700
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John Weare
agt
James Rumsey
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James Rumsey late of Calvert County was Sum-
oned to answer unto John Weare of a plea that
justly & without delay he rendr unto him one Serge
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suite, one paire of Serge Trowses, one paire of
dimity drawers, three blew shirts, one course dowles shirt, two
fine dowles shirts, one Holland shirt, two Holland neckcloathes, one
Cambrick neckcloath & letter case of writeings which he unjustly
detaineth &c:
And whereupon the said John Weare by Charles Boteler his At-
torney saith, that he the said John Weare upon the Eleventh day of
March in the yeare of our Lord One thousand six hundred seventy
& seven did agree to dwell with the said James Rumsey as Overseer
of the Servts of the said James Rumsey upon the plantacon of the
said James where he then dwelt, & did bring all his wearing Apparrell
into the house of the said James that is to say, one Serge suite, one
paire of Serge Trowses, one paire of dimity drawers, three blew
shirts one course dowles shirt, two fine dowles Shirts, one holland
shirt, two holland neckcloaths, one Cambrick neckcloath & one letter-
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