Provincial Court Proceedings, 1682.     237

   (4thly) The Jury were sole Judges whether Mitchell tooke the              Liber W. C.

    hogshead of Tobacco & disposed of it after he had payd it to
    Davis And they being satisfyed in their consciences did find for the
    plt And their verdict cannot be adnulled in that point without At
    taindre of the Jury
      Wherefore the said Walter Davis prays that the aforesaid Judg
    ment may be confirmed
      And hereupon the Tenor of the Record processe proceedings and
    Judgmt aforesaid and the aforesaid Causes and reasons for Errors
    therein by the aforesaid Henry Mitchell in forme aforesaid As
    signed, and the said Walter Davis's Answere thereunto being seen
    read heard and understood and by the Justices here fully Examined
    Itt seemeth to the same Jutices that in the Record and processe
    aforesaid and also in the Rendering the Judgment aforesaid Itt
    is manifestly Erred Therefore it is Considered by ye Court here
    that the Judgment aforesaid for the Errors in the Record processe
    & pceedings aforesaid be Revoaked Adnulled and altogether held for
    nothing, & that the said Henry Mitchell unto all things by Occa
    sion of the Judgment aforesaid he hath lost be restored And that
    the said Henry Mitchell Recover against the said Walter Davis the          p. 588
    sume of               pounds of Tobacco for his costs
    of suite by him in this behalfe Layd out and Expended and the
    said Flenry may have thereof Execution

   Thomas Swaney Hugh French late of Charles County Planter was
        agt attached to answere unto Thomas Swaney of a
   Hugh French plea of trespasse upon the Case
                   And Whereupon the said Thomas Swaney by
    Robert Ridgely his Attorney complayneth that Whereas the said
    Hugh ffrench the Tenth day of March 1679 in Consideracon that
    the said Thomas Swaney would come to his Plantacon at Picka
    waxon in Charles County aforesaid and worke with his servant
    or servants in a Cropp of Come Tobacco and beanes the yeare
    Ensueing in the nature of an Overseer, Hee the said Hugh ifrench
    did Assume upon himself and to the Said Thomas Swaney did
    ffaithfully promise that dureing the time the said Cropp should
    be in hand the said Hugh would find and Provide for the said
    Thomas sufficient dyet washing and Lodgeing, and when the said
    Cropp was finished would deliver unto the said Thomas One equall
    share of all the Tobacco Come and beanes that should be made
    upon the said Plantacon And that the said Hugh would not take
    off or any otherwayes Employ any servant or servants that should
    be put with the said Swaney, And the said Thomas was to allow
    the said Hugh, If but one servant worked with him, One thousand
    pounds of tobacco for his Accomodations for that prsent yeare,
    and if more servants worked wth him then Onely five barrels of