Provincial Court Proceedings, 1679/80. 379

for his Paines. Tooke the said Thomas Hebb into the Cabbin of
the said shipp and there Civilly Treated him the said Thomas Hebb
and gave him seaverall dramms of Spirits Strong beere and other
Liquo™ and such other accomodacons as the shipp then afforded,
And in Consideracon thereof the said Thomas Hebb did assume
upon himself and to the said Hugh Reynolds did faithfully promise
That hee the said Thomas the said stilliards and pea aforesaid would
safely carry & deliver to the said Emanuel Ratliffe, And the said
Hugh in fact sayth that the said Hugh did then and there deliver
to the said Thomas the Stilliards and pea aforesaid to carry and
deliver to the said Emanuel as aforesaid, and the same being in the
posession and Custody of the said Thomas. He the said Thomas
did then and there negligently and Carelesly Throw the said stilliards
over the side of the said Shipp into st Georges River By reason
whereof the said stilliards were lost soe as the said Thomas could
not deliver the same to the said Emanuel according to his promise
aforesaid, By meanes whereof the said Thomas Hebb is become
lyable to make the said Hugh Payment and satisfaccon for the
said Stilliards soe lost as aforesd The said Hugh haveing made the
said Emanuel satisffaccon for the same And Notwithstanding the
said Hugh hath often demanded of the said Thomas to make satis-
faccon for the stilliards aforesaid according to the vallue aforesaid
Yet the said Thomas hath hitherto denyed and still doth denye to
pay and satisfy to the said Hugh for the stilliards aforesaid, To the
damage of the said Hugh sixteene hundred pounds of Tobacco And
thereupon hee bringeth his suite
And the said Thomas Hebb by Robert Ridgely his Attorney
cometh and Defendeth the force and injury when &c and Prayeth
liberty to imparle hereunto untill next Provinciall Court and it is
granted unto him the same day is given to the plantiffe Likewise
Now here att this day to witt the Three and Twentyeth day of
ffebruary in the sixth yeare of the Dominion of the Right honoble
Charles Lord Baltemore &c Annoq; Dominj 1680 Came the said
partyes by their Attorneys aforesaid and the said Thomas Hebb by
his said Attorney sayth That the aforesd Declaracon of the said
Hugh Reynolds and the matter in the same Contained is not suffi-
cient in Law to maintaine the accon of the sd plt against the said
deft, Now to the same Declaracon hee hath noe neede, nor by the
Law of the Land is bound to answere, and hee to the same Declara-

Liber W. C.

con Demurreth in Law. and for Causes of Demurrer according to
the forme of the statute in that case provided hee sheweth forth
(viz) That the accon of the said Hugh against the said Deft is an
accon of Trespasse upon the case upon a special promise of the
said defts to carry the stilliards and Pea mentioned in the said Decla-
racon to Emanuel Ratliffe in the Declaracon named, and that in all
such accons there ought to bee a certaine consideracon to ground the

p. 348