Provincial Court Proceedings, 1681/1682.   165

     John Darnall     Comand was given to the sheriffe of Cal-                 Liber W. C.
         agt vert County that Whereas It was formerly
      Simon Wilmer Attorney comanded the sheriffe of the said County
      & Agent of Capt Richd that he should attach any the goods Chattles
      Perry or Creditts of Jarvis Ballard to ye vallue
                      of Thirty three Thousand Three hundred                   p. 530
      thirty and three pounds of Tobacco: and when he had the same Soe
      attached as aforesaid or any part thereof to deliver the same unto
      John Darnall; and to what vallue he should attach & deliver as a fore
      said he make Knowne to the Justices of the Provinciall Court to be
      held at the Citty of st Maryes the Ninth day of Aprill 1678 Att wch
      said Ninth day of Aprill the said sheriffe made returne that he had
      attached in the hands of Samuel Holdsworth Nine thousand three
      hundred pounds of Tobacco, in the hands of William Harris ffoure
      thousand pounds of Tobacco, In the hands of ffrancis Collyer Eighty
      yards of Duffells Vallued at Eight hundred pounds of tobacco, In
      the hands of John Peirce Eight hundred pounds of Tobacco and
      in the hands of mr Rousby due from Capt Perry ffoure Thousand
      pounds of Tobacco Itt was therefore comanded the said sheriffe
      that by good and Lawfull men of his baliwick he make Knowne
      unto Symon Wilmer Attorney and Agent of the said Richard Perry
      that he be and appeare here the fourth day of October in the Sixth
      yeare of ye Dominion of the Right honoble Charles Lord Baltemore
      &ca Annoq Doni. 1681. to Shew cause If any he have why the said
      sume of ffoure thousand pounds of tobacco soe attached in the
      hands of the said Christopher Rousby then the Attorney of the
      said Richard Perry as the Estate of the said Jarvis Ballard ought
      not to be rendered Satisfyed and payd unto the said John Darnall
       Att which said Provinciall Court To witt on the said fourth day
      of October 1681 aforesaid Coll Henry Jowles sheriffe of the County
      aforesaid made Returne of the writ aforesaid that by good men of
      his baliwick he hath made Knowne to the said symon Wilmer that
      he be and appeare here at the Day and place in the said writ
      mentioned
       And the said Symon Wilmer by Thomas Burford his Attorney
      cometh and Defendeth the force & 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 both partyes
       Att wch said next Provinciall Court Came the said partyes by
      their Attorneys aforesaid and the said Symon Wilmer by his said
      Attorney sayth: that the said ffoure Thousand pounds of Tobacco
      in the said scire facias mentioned to be attached in the hands of the
      said Christopher Rousby late Attorney of the said Richard Perry
      Ought not to be payd unto the said John Darnall because he Sayth
      that the said John Darnall hath not Sufficiently Proved his said
      Debt Nor hath the said John Darnall given any security in this
      Court such as is required by the act of Assembly in this Case made