JANUARY, 1696/7 COURT 143

And whereupon the Said Abraham Field who as well for his Said Majesty
as for himselfe procecuteth by John Meriton his Attorney Saith that whereas by
an Act of Assembly made at a General Assembly begun and held at the City of
St. Maryes the 21th day of September 1694 and by Severall Acts of Assembly
Since made Revived and Continued Still in force Entituled An Act Relateing
to Coopers and gage of tobaccoe hogsheads it is amoungst other things therein
Contained and Inacted that all tobaccoe hogsheads and Casks Agreed upon to
be Sett up Shall be one halfe [128] of them made before the 10th day of
October next Ensueing the time of the undertaking and the other halfe by or
before the 10th of December Following and every Cooper or other person that
Shall faile either in the gage of the Caske or the time as aforesaid Shall alsoe
forfeit one hundred pounds of tobaccoe for every tunn of Caske and tobaccoe
left at the time aforesaid unmade to be Recovered in the Respective County
Courts which the Said Cooper or other persons does at that time Reside Never-
theless the Said John Gardiner the Said Act of Assembly not Regarding nor
the penalty or punishment therein Contained any Jott Feareing after the make-
ing of the Said Act of Assembly (to witt) the Sixth day of August 1695 did
wittingly and willingly refuse to Sett up and finish for him the Said Abraham
Feild three tunn and one halfe tunn of tobaccoe hogsheads in contempt to his
Said Majesty and to the great damage of the Said Abraham and against the
forme of the Said Act of Assembly by which Action is Accrued unto his Said
Majesty and the Said Abraham who by the Said John Gardiners not Setting up
and Finishing the aforesaid three tunn and one halfe tunn of tobaccoe hogs-
heads is much dampnified and requiers of the Said John Gardiner for his Said
Majesty and for himselfe for not Setting up and Finishing the Said three tunn
and one halfe tunn of tobaccoe hogsheads three hundred and Fifty pounds of
tobaccoe yet the Said John Gardiner the Said Sume of 350 lbs. of tobaccoe to
the Said Abraham who as well for his Said Majesty as for himselfe procecuteth
Although often Required hath not rendered but the Same to Render hath
hitherto denyed to the Damage of the Said Abraham who as well etc. 700 lbs.
of tobaccoe and thereupon he brings his Suite.

Pledges etc. John Doe, Richard Roe. John Meriton.

And the Said John Gardiner by Cleborn Lomax his Attorney Cometh and
defendeth the force and Injury when etc. And Craveth Lycence to Imparle here
untill the next Court and it is granted unto him the Same day is given to the
plantiffe alsoe.

And now here at this day to witt the 26th day of January Annoque Domini
1696 [1697] aforesaid Came here as well his Said Majesty and Abraham Field by
their Attorney aforesaid as the Said John Gardiner by Cleborn Lomax his
Attorney and his Said Majesty and Abraham Feild prayeth that the Said John
Gardiner to their Decleration aforesaid may Answer etc. And now here at this
day to witt the 26th day of January Annoque Domini 1696 [1697] aforesaid
Came the Said John Gardiner by Cleborn Lomax his Attorney and Defendeth
the fource and Injury when etc. and Saith that the Said John Gardiner is not
guilty of the brach of the Act of Assembly in manner and forme as the plantiffs
in their Declaration Complaineth and of this he puts himselfe upon the Country.

Cleborn Lomax.

And his Said Majesty and the Said Abraham Likewise. William Bladen.

Therefore it is Commanded the Sheriffe that without delay hee Cause to
Come here twelve etc. by whome etc. and who neither etc. to Recognize etc.