Provincial Court Proceedings, i6j()/8o. 291

the aforesaid sume of one thousand Nine hundred Eighty ffoure
pounds of Tobacco mentioned in the said plantiffes Declaracon was
paid and Satisfyed by the said Robert unto the said William Jones
in the life time of the said William and this hee is Ready to averre.
Whereupon hee demands Judgm^t Whether the aforesaid Collon"
William Surges ought to have his accon against him
George: Parker
And the p^h sayes that by any thing alleadged above hee ought not
to be debarred of his accon, and of this hee puts himself Upon the
Country Court Henry Hanslap
Whereupon John Bird sumoned as an Evidence for the deft de-
posed as followeth John Bird aged about thirty Seaven yeares being
Sworne & Examined in Court sayth that there was a Certaine agree-

Liber W. C.

ment upon acco^ts betweene Docto^r Jones & Robert Procto^r, and that
the said Jones disposed of a Certaine Neagro Man to the said Robert
Procto^r, In Consideracon of w^ch Neagro the sd Proctor passed his
specialty for Nineteene hundred eighty foure pounds of Tobacco,
and this depon^t further Sayth that the said Jones Createing other
acco^ts w^th Robert Procto^r Amounting to above the said Sume of
Nineteene hundred Eighty foure pounds of Tobacco hee then did
Remaine when hee Came to an Acco^t betweene Seaven or Eight hun-
dred in Robert Procto^rs debt, and did acknowledge that the bill
ought to bee delivered in, and promissed to deliv^r the same soone
after, and further this Depon^t sayth not:
Whereas W^m Burges Adm^r of the goods and Chattles of W^m Jones
Phisitian deceased intestate was plt and Robert Procto^r deft in a
plea of debt and the plt made it to appeare by a Certaine Specialty
bearing date the seaven & Twentyeth day of Ap^ll 1676, & owned
by the defts plea Than the said deft stood Justly indebted to him
as Adm^r of the said deceaseds Estate in the sume of Nineteen hun-
dred Eighty ffoure pounds of Tobacco & Casq, And Whereas It
doth not appeare by the oath of John Bird nor by any booke of acco^ts
Either of p^lt or deft, that the Deft hath paid or satisfyed the above-
said Specialty, It is Considered here that payment and Satis f accon
of the said debt of one thousand Nine hundred Eighty and ffoure
pounds of Tobacco & Cascp bee fforthw^th made by the said Deft to
the said Adm^r or his ord^r Together w^th Costs and Court Charges aTs
Execucon
Memorand. that Majo^r John Welsh one of the Justices here
above menconed did Request that his Disassent to the Judgm^t
here Above might bee Entred on Record
And whereupon George Parker Attorney for the said Procto^r
prayed an appeale from the Judgm^t aforesaid, and that the said
Cause might Come before his Lopps Justices att his Provinciall
Court to bee held at the Citty of S^t Maryes on the Eleaventh day
of May next Ensewing and that the Teno^r of the Record and pro-

p. 264