130 Provincial Court Proceedings, 1679/80.

Liber W. C.

received Dyett, w^th the said James Bennett and William Dolbury
hath not kept but broken, and the same with them the said James
and William to keepe hath denyed and still doth denye, Whereupon
the s^d James & William say they are Damnified two hundred and
ffifty pounds sterling and thereupon they bring theire suite
And the said Thomas Taylor by Robert Ridgely his Attorney
cometh and Defendeth the force and Injury when &c & prayeth
liberty to imparle hereunto untill next provinciall Court, and it is
granted unto him. the same day is given to the plantiffe also
Now here at this day to witt the nineteenth day of feb^ry in the
ffifth yeare of the Dominion of Charles Lord Baltemore &c Annoq
Dominj 1679 Came the said parties by theire Attornyes aforesaid
& the said Thomas Taylor by his said Attorney prayeth Judgm^t of
the writt aforesaid, because hee sayth that hee the said Defend^t
Thomas to the Indenture of Charf pty made the one and twentieth
day of August in the yeare aforesaid in the Declaracon aforesaid
recited is not party, nor hath hee signed or sealed the same, nor
accon ag^t him upon that Indenture doth not lye, and this hee is readie
to aver and thereupon of the same writt Demands Judgment, And
the said James Bennett and William Dolbery by their said Attor-
ney say, that the writt of them the said James and William ought not
to bee abated for the reasons afore alleadged by the said Thomas
Taylor, and this they are ready to averre, and Crave Judgment
Whether the said writt ought to abate or not. And the said p^lt
Likewise

p. 117

Which being read heard and argued, and by the Justices here
ffully understood; Itt seemeth to the same Justices, that the said plea
of the said Defend^t in abatement of the writt aforesaid in manner
and fforme aforesaid pleaded, & the matters in the same contained,
are sufficient in Law to abate the aforesaid Writt against the said
Defend^t in forme aforesd obtained Therefore itt is Considered that
the writt aforesaid against the said Defend^t in forme aforesaid
obtained shall bee abated, and the said Deft may goe thereof without
Day, and alsoe that the said Thomas Tayler recov^r against the said
James Bennett and William Dolbury the sume of
pounds of Tobacco for his costs and charges by him about his
Defence in this behalfe laid out and expended, and the Said Thomas
Taylor may have thereof Execution

Archibold Arthur'
ag^t
Josias Lenham &
Ja: Balderstone
Adm^rs John
Desiardins

The jurors finding for the Defend^t in this cause,
the plaintiff e by George Parker his Attorney
-moved in Arrest of judgm^t whereupon day is
given to both parties untill next Provintiall
Court