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Provincial Court Proceedings, 1679/80. 239
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of the said goods wares and Marchandizes, Nor the Sales or produce
thereof unto the said Arthur, but an account of the same to give and
Rendr hitherto hath Denyed and as yet doth denye whereupon the
said Arthur Sawyer Saith hee is Damnified and hath Losse to the
Vallue of ffoure hundred pounds Sterling, & thereupon hee bringprVi
Ins suite
And the said Edward Gibbs by Robt Ridgely his Attorney Com-
eth and defendeth the force and Injury when &c and prayeth Liberty
to Imparle hereunto untill next provinciall Court and Itt is granted
unto him the same day is given to the plaintiffe also :
Att w00 said next provinciall Court To witt the thirteenth day
of May in the ffifth Yeare of the Dominion of the Right honoble
Charles Lord Baltemore &c Annoq Domini 1680 Came the said
ptyes by their Attornyes aforesaid, and the said Edward Gibbs by
his sd Attorney Saith That the aforesaid Action of the aforesaid
Arthur hee doth in noe wayes denye Neither but that hee was Re-
ceiver of the goods wares Marchandizes and Tobacco of the said
ph by the time aforesaid, and that hee to the plt thereof ought to
account in the forme in wch the plt hath above Declared against him,
and further sayth that hee is Ready to account thereof. Therefore
Itt is Considered by the Court here that the aforesd Edwd Gibbs
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Liber W. C.
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account wth the said Arthur Sawyer of the goods Wares Mar-
chandizes and Tobaccoes aforesaid of the same plt by the time afore-
said Received, in the fforme in wch the plt above Declared agt him
And Hereupon Major Charles Botteler and Capt Thomas Claggett of
Calvert County in the presence of the same deft are Assigned
Audito" by the Court here to heare the said accompt Soe as they
make their Report thereof to the Justices of the Same Court To bee
held att the Citty of St Maryes the ffifth day of October next being
the first day of the next provinciall Court
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p. 213
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Thomas Carlile Jno Wattson"
WmHatton & Robt Grayham
Execrs of Jno Cuningham
agt
John Addison Executor of
Nicholas Proddy
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John Addison Executor of the Last
will and Testamt of Nicholas Proddy
deceased was Sumoned to answere
unto Thomas Carlile John Wattson
William Hatton and Robert Grayham
Executors of the Last will and Testa-
ment of John Cuningham deceased in
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a plea that hee Render unto them the Sume of ffive thousand Eight
hundred and ffifty pounds of Tobacco wth* from them hee Unjustly
Detaineth.
And whereupon the said Thomas John Robert and William by
Kenelm Cheseldyn their Attorney Sayth That Whereas the said
Nicholas proddy the first day of May in the Yeare of our Lord
1676 Did in his life time by his Certaine Writeing obligatory Sealed
wth the seale of the sd Nicholas here in Court produced whose date
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