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156 Provincial Court Proceedings, 1679/80.
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Liber W. C.
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Mill aforesaid workman like before the last day of Septembr next,
& to cause the said Mill to goe well stedily & substantially without
fault as should be adjudged by sufficient workmen And the said
Thomas in fact saith, that he did make unto the said Edward full
satisfaction for the performance of the said worke & for all his
demands for compleating thereof yet notwstanding the said Ed-
ward his promise & assumption aforesaid little reguarding, but de-
viseing how to defraud the said Thomas in this behalfe, the said
Cogg-wheel hath not made, nor the trunnell heads aforesaid, nor
the said Mill hath finished according to his assumption aforesaid,
but the same hath left undone, to the damage of the said Thomas
tenn thousand pounds of tobacco, & thereupon he bringeth his suite.
And the said Edward by Christopher Rousby his Attorney com-
eth & defendeth the force & injury when &c and informed the Court
that the plt is a fforeigner, and therefore requested that he might
giue security to pay unto the Defendt costs of suite, If the aforesaid
plt shall happen to be Nonsuited or cast therein: which the Defend
pns Attorney refuseing to give Therefore itt is considered by the
Court here this day to witt the Eleventh day of ffebry in the fifth
yeare of the Dominion of the right Honble Charles Lord Baltemore
&c Anocp Doni 1679 that the said Thomas Clayborne take nothing
by his writt, but be in mercy for his false clayme thereupon, And
the said Edward may goe thereof without day And also that the
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p. 141
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said Edward Barrowcliffe recover against the said Tho: Clay-
borne the Sume of seven hundred pounds of tobacco for his costs
and charges by him about his Defence in this behalfe laid out &
expended And the said Edward may have thereof Execucon
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Roger Baker
agt
Michl Higgins
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I The jurors in this cause upon their Oaths doe say,
Uhat if this Court shall judge the receipt to be a good
I receipt, then they finde for the plt But if this Court
shall judge the receipt to be no good receipt, then
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they finde for the Defendt And because the Justices here will advise
themselves of & upon the Verdict aforesaid before they giue judgmt
thereupon,day thereof is given to the parties aforesaid untill the
morrow following. On which day to witt the Seventeenth day of
ffebruary in the yeare aforesaid cometh as well the said plt as the
said Defendt by their Attorneys aforesaid And hereupon the receipt
aforesaid of the said Defendt being seen, itt seemeth to the same
Justices here, that the same receipt is a good receipt And the said
Michael by his Attorney aforesaid moved in Arrest of judgmt day
is thereupon given to both parties untill next Provintiall Court
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Wm Calvert Esqr"
agt
Tho: Long
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The Defendt not appearing this Court to An-
swere the pns action, John Stanesby Sheriffe of
Baltemore County is amerced forty shillings
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