Provincial Court Proceedings, 1683.     415

     Planck The deft did assume &c, The deft sayth It doth not appeare Liber W. C.
     where the said Planck should be Laid or Where the said Planck
     should be had Nor was there at the said tryall any proofe of the
     said Consideration without wch said promise cannot oblige the said
     defendant
     (Thirdly) The plt hath declared that he hath beene Damnifyed by
     the said Samuels not being cured wch is Idle voyd and Repugnant
     in regard that if any accon had accrued on the matter sett forth
     in the Declaration the said accon should have beene brought by the
     said samuel Sikes and not by the said Thomas Sikes as above ffor
     wch said Reasons the said Edward Maddox prayeth the stay and
     arrest of the said Judgment
          reasons being read heard and argued and by the Justices
     here fully understood & dilligently examined it seemeth to the same
     Justices that the reasons aforesaid are insufficient in lawe to arrest
     Judgment upon the Verdict of the Jurors aforesd Itt is therefore
     considered by the Court here that the said Thomas Sikes recover
     against the said Edward Maddox Aswell the aforesaid sume of
     ffoure thousand damages by the Jurors aforesaid in forme afore
     said assessed as also the sume of Two thousand five hundred eighty
     foure pounds of tobacco for costs of suite And the said defendant in
     mercy &ca


     James Mills   The Jury haveing found for the plt in this
        agt accon the Sume of Two hundred pounds Ster
  Thomas Pemberton ling the deft by Kenelm Cheseldyne his Attor
                   ney moved in arrest of Judgment And day is
     thereupon given to both partyes untill the next Provinciall Court:


     James Mills John Walls late of somersett County Marriner was
        agt attached to answere unto James Mills Marchant of a
     John Walls plea of trespass of the case
                And Whereupon the same James by Robert Carvile
     his Attorney sayth that Whereas the said John Upon the fourth
     day of September in the yeare of Our Lord 1682 at Bush River
     in Baltemore County stood justly indebted to the said James Mills
     for seaverall goods and Marchandizes by him the said John of
     him the said James then and there had bought and received, And
     also for scaverall sumes of Money and Tobacco by the said James
     paid for the said John & by his order, and for the Lone of his the
     said James his Shallop to him the said John, and for his the said
     James his paynes and care in buying of provisions for the use of
     ye shipp of the said John and Otherwise about the concernes of him
     the said John amounting in the whole to the sume of Nine thousand
     One hundred and thirty pounds of tobacco & ffoure pounds eight
     eene shillings seaven pence sterling as by a perticular account thereof