Provincial Court Proceedings, 1682. 235

     take Receipt for the same wch should be his discharge and further       Liber W. C.
     yor Deponent sayth not
                                   Benjamin Priestley
     September the 7th        Thomas Taylor
                  Sworne before us:
     Anno Dorn: 1680          Henry Hooper
      The Jury being every one sworne and their Charge given them
     to Enquire into the truth of the matter went forth to consider and
     after a short time Returned with this following verdict (Wee of
     the Jury doe find for the Pit with costs of Suite Itt is therefore
     Considered by the Court that the said Walter Davis Recover
     against the said Henry Mitchell his said Debt wth his Costs of Suite
     And the said Henry to remaine in mercy &c.
      Whereupon the said Henry Mitchell came into open Court and
     desired an appeale to the Provinciall Court wch was granted
      Then came into open Court John Edmondson of Talbott County
     gentl and Edward Pindar of Dorchester County gentt. and became
     Security that the said Henry Mitchell should prosecute his Appeale
        This is a true Coppy of the Proceedings as witnesse my hand
        and County seale
                  Wm Smithson Cler: Corn: Dor: (sealed)
      And the said Henry Mitchell Assignes for Cause of such his
     appeale and Errorrs in the said County Court's Proceedings upon
     the Judgment aforesaid According to the Act of Assembly in that
     Case made and Provided as followeth Viz
     (1st)--Itt is Error in this, in that it is said in the Declaracon that
     Henry Mitchell stands & remaines Justly indebted unto the said
     Walter Davis ffoure hundred and foure pounds of tobacco And
     yett it is Sayd in the same Declaracon that the said Henry Mitchell
     the fifth day of November 1678 Att James Island upon the said
     Mitchells Plantacon did pay the said Davis the same ffoure hun
     dred and foure pounds of Tobacco, soe that he Could not Remaine
     indebted when he had payd it soe that the same Declaracon Con
     tradicts itself
     (2dly) Itt is Error in that the accon was not brought right for
     that if Henry Mitchell payd the said Davis a hogshead of Tobacco
     the Property of the said hogshead of Tobacco was altered And the
     said Mitchells disposeing thereof after the Property was in Davis
     is Criminall and contrary to the Act of Assembly imposeing a
     penalty of all such who shall dispose of Tobacco Seized and received
     by the sheriffe or others And the said Davis were he guilty of the
     breach of the said act Ought to indict him thereupon or Exhibit his
     information against him but this action as it is brought lyes not
     (3dly) Itt is Error in this in that noe issue is Joyned to put them
     selves upon the Country wthout wch noe tryall by Jury could be upon
     this Case And all the Proceedings therein are absolutely Vitious
     (4thIy) The Evidence of Benjamin Preistly wch appeares upon