AUGUST, 1697 COURT 237

faction for the Same made but the Same to Render or Sattisfie to the Said Charles
Tracey hath denyed and Refused and Still doth denye and Refuse the Same
to the Damage of the Said Charles Tracey of Seaven thowsand pounds of tobaccoe
and thereupon he brings his Suite etc.

Pledges etc. John Doe, Richard Roe. James Cranford for the plantiffe.
Daniell Troy Debtor to per Contra Credit
Charles Tracey 1696.

lbs. tobaccoe
To Divers goods Accomedations by a pair yarn Stockins ...... 030

and Ordinary Expences as by by a horse .................. 400

the pertickelers in the Ac- by ballance Due ...... 3934

count filed Appeareth ..... 4364: ———

4364

And the Said John Garrett by William Bladen his Attorney Cometh and De-
fendeth the force and Injury when etc. And Craveth Lycence thereof to Imparle
here untill the next Court and it is Garnted unto him the Same day is given to
the plantiffe Likewise etc.

Att which Said next Court (to witt) the 24th day of August Annoque Domini
1697 Came here as well the Said Charles Tracey as the Said John Garrett by their
Attorneys Aforesaid and the Said Charles Tracey prayeth that the Said John
Garrett to his Decleration aforesaid may Answer etc.

And the Said John Garrett by William Bladen his Attorney further Cometh
and defendeth the force and Injury when etc. And Saith that he is not guilty of
[216] The breach of the Act of Assembly in manner and forme as the plantiffe
in his Decleration aforesaid hath Complained and of this he putts himselfe upon:
the Country.

William Bladen. And the plantiffe Alsoe. James Cranford.

Therefore it is Commanded the Sheriffe that without delay he Cause to Come
here twelve etc. by whome etc. And who neither etc. to Recognize etc. because as
well etc. And now here att this day (to witt) the 24th day of August Annoque
Domini 1697 here Cometh as well the Said Charles Tracey as the Said John
Garrett by their Attorneys aforesaid and the Jurors thereon Impanelled being
Called Likewise Came (Viz.)

Hugh Ryley, foreman, Archable Edmonson, William Conley, John Forrest,

Edward Willett, Allexander Magruder, Joshua Hall, Paul Busey, James Brooke,

Christopher Baynes, Robert Orme, Guy White. Subpoenaed per Thomas

Greenfeild, Sheriffe.

Who to Speake the truth Conserning the premises being Elected tryed and
Sworne Doe Say upon their oath that they find for the plantiffe.

Then Came John Garrett And Appealed to the Provintiall Court and for the
due procecution of the Same brought into open Court Thomas Hatton and
William Bladen who Acknowledged this Recognizance Following (Viz.)

Thomas Hatton and William Bladen Acknowledges themselves bound unto
Charles Tracey in the Sume of twelve thowsand pounds of tobaccoe to be
Leavyed on their goods and Chatties Lands and tenements to and for the use of
Charles Tracey upon this Condition that if the Said John Garrett Shall at the
Provintiall Court now next Ensueing procecute the directions of an Act of Assem-
bly of this Province Entitled An Act for Appeales and regulateing writts of
Error) According to the Rules of the Provintiall Court and procecute his Appeale
with Effect and Alsoe Sattisfie and pay unto the Said Charles Tracey his heires
Executors Administrators or Assignes in Case the Judgment now given against
him the Said John Garrett Shall be Affirmed As well the Debt for Damages by the