Provincial Court Proceedings, 1683.     449

      accon and doe not not well and truely content satisfy and pay the         Liber W. C.
      costs and charges by the said plt therein laid out and Expended to
      be taxed and allowed of by this Court, That then he the said Thomas
      Wakefeild will well and truly content Satisfy and pay the same,
      which Security was accepted by the plts Attorney, And this Cause
      is continued untill next Provinciall Court:

      Christopher Baines In Ejectmt John Broome Lessor
            agt
      Francis Higham   And in the same Cause it is ordered by the
      consent of Robert Carvile Attorney for the
      plt and Charles Boteler Attorney for Daniel Phillips: that the said
      Daniel Phillips by Richard Smith Junr his Guardian Especially
      Admitted by the Court here should be admitted defendant And at
      the tryall to be thereupon had the said Daniel Phillips shall appeare
      in his proper pson or by his Attorney and shall confess Lease
      entry & Ejectment or that in default thereof Judgment shall be
      entered against the said Francis Higham the casuall Ejector but all
      farther prosecution against him shall Cease untill ye said Daniel
      Phillips shall make default in any of ye premisses. And it is further
      ordered by the Court that the said Daniel Phillips shall not take
      any advantage of the ple for not prosecuteing upon the tryall
      occasioned by such Default but that the said Daniel Phillips shall
      pay to the plt the Costs by this Court to be taxed in this Cause.
      And it is further Ordered that the Lessor to ye plt. shall be Charged
      with the payment of the costs to the defendant If any be adjudged
      to him: Whereupon a resurvey of the Land Called Stonesby is
      Ordered in this Cause. to be made by Richard Edelen Deputy sur
      veyor with power to the sheriffe to examine witnesses upon Oath
      &c. And this Cawse is Continued untill the next Provinciall Court

      Andrew Abington Comand was given to ye sheriffe of St Maries                p. 760
          agt County that he take Matthew Turner If he
    Matthew:  Turner should be found in in his baliwick and him safe
                   Keepe soe that he should have his body here the
      Six and Twentyeth day of June in the Eigth yeare of the Dominion
      of the Right honoble Charles Lord Baitemore &ca Annop Doni.
      1683 to answere unto Andrew Abington of a plea of Trespas of
      the Case
        On which said six and twentyeth day of June aforesaid Joshua
      Doyne gent Sheriffe of St Maries County aforesaid made returne
      of the writ aforesaid That the said Matthew Turner is not to be
      found within his baliwick Whereupon the said Andrew Abington
      by Anthony Underwood his Attorney prayed an attached might
      be awarded him against the goods chatties and debts of the said