302 Provincial Court Proceedings, 1679/80,

Liber W. C.
p. 275

made himself Debto^r unto the said Arthur for the sume of fforty
foure Thousand Two hundred seaventy seaven pounds of Tobacco,
and on the other side prayed Allowance in discharge of the same for
Seav^u Sumes of Tobacco Shipt home disbursed and expended for
the said Arthur Sawyer Upon the goods Wares and Marchandizes
aforesaid, but by reason that the said Edward Gibbs Did Alleadge
that hee wanted seav^ll Receipts and Papers to prove his Expences
and Disbursements by him prayed to bee allowed as aforesaid, hee
prayeth further time to produce the same Whereupon day was given
unto the said partyes untill the Twenty fourth day of September
then next following,
Att w^ch said day came the said George Parker Attorney of the
said Arthur Sawyer, and Exhibited his Exceptions to the account
of the said Edward Gibbs w^ch said Exceptions as well as the
aforesaid acco^t of the said Edward are hereunto Annexed, And
also the said Edward Gibbs and prayeth allowance as afores^d When
wee the said Audito^rs haveing taken into our serious Consideracon,
as well the said acco^t of the said Edward as the said Exceptions
of the said George Parker Attorney of the said Arthur sawyer
thereunto, and haveing viewed & Considered All such bills of Lade-
ing. Receipts discharge and other paps unto the said account Re-
lateing unto us produced, and haveing allowed unto the said Ed-
ward Gibbs all Such charges disbursements Expences & Sallary
as to us hath seemed Reasonable a pticular Whereof is hereunto
annexed, Upon the whole matter doe finde That the said Edward
Gibbs is behind in arreareages of account unto the said Arthur
Sawyer The sume of ffourteene thousand Eighty three pounds of
Tobacco. And wee the said Audito^rs ffurther say That Whereas the
said George Parker on the behalfe of the said Arthur Sawyer sayth
that the said Arthur ought to bee allowed after the rate of thirty
p Cent for what Tobacco shall bee found in arreareages due to the
said Arthur for the wrong done him &c as by the said Exceptions
more at large appeareth. But for that Wee the said Audito^rs are
ignorant Whether the Course of the Comon Lawe gives us any
power or Authority to Assesse damages in such cases, Wee doe
humbly pray the advice of this hono^ble Court therein, and Leave the
same wholly to Yo^r Hono" better Judgments & discressions Whether
any, or how much Damages the said Arthur Sawyer ought to have
for his Losse therein Sustained In witnesse Whereof wee have
hereunto set o^r hands and Scales This Twenty fourth day of Sep-
temb^r Annoq Domini One thousand Six hundred and eighty
C: Boteler (sealed)
Thomas Clagett (sealed)
Edward Gibbs D^r to Arthur Sawyer