Provincial Court Proceedings, 1681/1682.  139

    the Jury found for the Deft The plt Requesting a Copy of the Pro-      Liber W. C.
    ceedings of the tryalls & being Orphants businesse peticoned the
    oppinion of his honor the Chancellor Whose Judgt was and is that
    the debt ought to be payd & satisfyed to ye Estate of Palmer, Al
    though haveing informed the said Preston & since hath demanded
    the said sumes wth cost of suite, the said Preston the sume of          p. 513
    Tobacco hath denyed and Still doth denye to the greate damage of
    them the said Peter and Elizabeth his wife who sayth they are
    Damnifyed in the sume of Two thousand pounds of Tobacco and
    thereupon they comence their suite
      John Dunston appeares for the Deft the Plantiffe likewise &
    willingly Joyneth issue and putteth themselves to the Judgment of
    the Court now sitting
      Whereas Peter Ellis and Elizabeth his wife Adx of William
    Palmer comenced an accon against Thomas Preston The said Preston
    and Ellis Joyneth issue & putteth themselves to the Judgment of
    the Court then sitting, The Court finding noe Cawse of accan a
    Nonsuite was Craved by the said Preston wch was granted wth Costs
    of suite &c. Ats Execution
    Bill of Cost: 184:
    Cop: pceedings: 108:
    Miles Gibson. (sealed)
    Edwd: Beedie.:(sealed) Vera Copa p. Thomas Hedge Clke:
      On wch said three and Twentyeth day of November aforesaid
    Came the said Peter Ellis & Elizabeth his wife by their Attorney
    aforesaid & sayd that in the Record and Processe aforesaid & also
    in the Rendering the Judgment aforesaid It is manifestly Erred
    in this
    Imprs That it appeares by the said Record that the Court was
    held the fourth day of August 1679 & then the Cawse was tryed,
    & by the Entry of the writs upon Record it appeares to be Issued
    out after the tryall of the Cause
    (2):Its Error in that by the said Record in One place it appeares
    that five Comissrs did sitt at the tryali and in another place onely
    one Comissionr was sitting at the Tryall Namely Coll George Wells:
    (3):Its Error in that it appeares by the said Record that the deft
    was sued upon an action of the Case upon an Assumption, and the
    Defts plea is that he owes nothing of the accompt when as the Prop
    plea was Non Assumpsit.
    (4):Its Error in that the said Record sayes that after the Defts
    plea as aforesaid the Pit, was willing to Joyne Issue but it doth
    not appeare what issue that was nor that Ever any issue was Joyned,
    but that the Deft will put himself upon the Country but what they
    was to try does not appeare by the said Record
    (5) Its: Error in that the said Record Sayes that the Jury found
    for the Deft & yet by the same it does not appeare that any fact was
    put in Issue to them