Provincial Court Proceedings, 1679/80. 195

hee makes, And itt appeares here by the Record in Court that the
sheriffe did return a Cepi upon the said writt
(2) As to the second M^r John Hamiltons affirmation not being
upon oath The said Perfitt saith that there was no need of any
oath being made by the said Hamilton untill the Allegacon of the
said Hamilton had beene denyed by the sd Vanswearen w^ch said
Allegation ought to bee taken for Truth, if not denyed by the
adverse pty, and the said Perfitt further Saith that the Tender made
by him the said Perfitt to the said Vanswearin was Effectuall in
Lawe to barr the said Accon the Truth of w^ch Allegation of the said
Tend^r being unquestionable in regard the said Hamilton was Van-
swearingens Receiver, and as his Receiver stood in place of the said
Vanswearingen And Whereas alleadged by Hamilton hee being
Vanswearingens Receiver Amounts to Vanswearingens owne Con-
fession and soe the Court ought to have given Judgment against the
plantiffe with Costs, The Tender soe Confessed being made before
the Comencing of the said Accon, And therefore a good barr in
Lawe

Liber W. C.

(3) As to the third That the Tobacco to be paid by the Obliga-
tion aforesaid aforesaid was to be in Caske, The said Ferfitt sayth
that hee did Tender the said Two hundred twenty five pounds of
Tobacco in Caske, and to the said Vanswearingens Receiver Hamil-
ton w^ch being matter of ffact hee the said Perfitt is Ready to prove
when denyed by the sd Vanswearingen as this Court shall order,
all w^ch matters appeareing to the Court of Charles County, And that
the said Perfitt was soe sick that hee was not able to bee at Court
The truth w^ch was well Knowne to most of the Court there, The
said Court had good Cause to Dismisse the said Accon as they did,
Whereupon the said perfect Craves That the Judgment Given as
aforesaid may bee Affirmed with Allowance of his Costs and charges
in this Case sustained
And hereupon the Record and Processe aforesaid to the Rendring
the Judgment thereupon, and the aforesaid Causes and matters by
the aforesaid p^lt for Errors Assigned being scene and by the Jus-
tices here fully understood & dilligently Examined, And for that Itt
appeareth to the same Justices That in the Record and processe
aforesaid as also in the Rendring the Judgment aforesaid Itt is
manifestly Erronious, Therefore Itt is Considered that the Judg-
ment Aforesaid for the Erro^r in the Record and processe aforesaid.
Bee Revoaked, Adnulled, and altogether held for nothing, and That
the said Garret Vanswearingen unto all things w^ch by occasion of
the Judgment aforesaid hee hath Lost bee Restored, And that the
said Garret Vanswearingen Recover against the said William Perfitt
the sume of Sixteen hundred and seaven pounds of Tobacco for his
Costs of suite in this behalf Expended

p. 175