350 Provincial Court Proceedings, 1679/80.

Liber W. C.

case they had proved they had payd it the Jury ought to have found
for the deft and noe more, all w^ch is Erro^r
(5) — The Verdict of the Jury is vitious for the incertainty thereof,
for first they finde noe Cause of accon, and then they finde for the
deft That hee hath overpaid thirty nine pounds of Tobacco, and
Costs of suite, w^ch incertainty is manifest Erro^r
(6) — The Court have given noe Judgment therein but onely said
after the Verdict of the Jury <and Costs of suite awarded the deft,
and that the said Collen Mackensy Recover against Lydia Solley the
sume of six hundred and eight pounds of Tobacco for his costs and
charges in this behalfe expended If the Court had thought fit to
have given Judgment upon that dubious and incertaine verdict
against the deft. Itt ought to have been Entred thus, Therefore It is
Considered by the Court here that the said Lydia Solley take nothing
by her writt aforesaid, but for her false Claime thereof bee in mercy,
and the said Collen Mackensy goe thereof without day, and that the
said Collen Recover against the said Lydia the sume of six hundred
and eight pounds of Tobacco for his Costs and charges in this be-
halfe most wrongfully and vexatiously Expended, Then of Entrance
of the Judgment thus is Erro^r.
And hereupon the said Lydia Solley saith that in the Record and
Processe afores^d as also in the giveing the Judgment aforesaid Itt
is manifestly Erred in the seaverall Errors in the forme aforesaid
alleadged, and prayeth that the Judgment aforesaid for these Erro^rs
and others in the Record and pcesse aforesaid bee Revoaked adnulled
and held for nothing, and that shee to all those things w^ch by occa-
sion of the p^rmisses hath lost bee Restored, and that the said Collen
to the said Erro^rs may Answere
And the said Collen by Robert Carvile his Attorney Prayeth the
hearing the Erro^rs aforesaid by the said Lydia assigned and they
are read unto him, w^ch being read and heard the said Collen prayeth
Liberty of speaking thereto untill the next Provinciall Court, and it

is granrprl nntn him, anrl the same day is given to both partyes.

Now here att this day to witt the Eighteenth day of ffebruary
in the sixth yeare of the dominion of the Right hono^ble Charles Lord
Baltemore &c Annoq Dominj 1680 Came the said partyes by their
Attorneys aforesaid And the said Collen Mackensy by his said
Attorney Sayth, That in the Record and pceedings aforesaid and in
the Rendring the Judgment aforesaid in the County Court aforesaid
it is not in any thing Erred, and therefore hee likewise prayes that

p. 320

this Court will proceede to the heareing aswell of the Record and
proceedings as of the Erro^rs af orsaid: And hereupon the premisses
being scene & by the Justices here fully understood, Itt Seemeth to
the said Justices here That there is not any Erro^r in the said Judg-
ment of the County Court of s^t Maryes County aforesaid but that
the Judgment given in the said Plaint is good & sufficient in Law,