OCTOBER, 1699 COURT 553

The Pleadeings o£ Boath Parties by the Court being read Seen and Fully
understood it is Considered that the Demurrer be Squasht and that the Scire
facias be good.

It is further Considered that the Said Allexander Magruder Plantiff recover
against the Said David Small administrator of Charles Treacy Deceased as well
the Sume of four Thousand Eight hundred and Ninety pounds of Tobacco his
Debt and Damages aforesaid as allso the Sume of five hundred fifety and Six
pounds of Tobacco for his Additionall Costs and Charges of Suite to the Said
Allexander Magruder of his assent by the Court here adjudged out of the Goods
and Chatties whereof Charles Treacy att the time of his Death in the hands of
the Said David Small to be administred if he hath Soe much thereof in his
hands to be administred etc. and the Said David Small in Mercy.

Elizabeth Scott Widdow prayes that a Red and White cow with a Starr in the
Forehead and a Calfe and a 4 year old heifer they and their increase may be put
upon Record for her Daughter Mary Scott that markt with a Crap and an upper
Keel on the right and a Crap and under Keel on the Left.

[469] Bartholomew Goff, William Willeby and Menasses Potter was Sworne in
the behalfe of his Majestic against Thomas Oates.

James Brooke Sworne to the best of his Knowledge for Thomas Oates against
his Majestic,

Ordered that Col. Thomas Hollyday by the first oppertunity Send for those Law
bookes the new Laws makes mention off and that the Clarke give him an account
what bookes they are at the breakeing up of this Court allso that Col. Hollyday
Send for one brass 1/2 Hundred weight and thirteen Iron Ditto a brass peck and
yard Six letters to Stamp Six Ps and Six Gs.

Ordered that Thomas Oates be bound in a recognizance in the Sume of twenty
pounds Sterling for his good beheaviour till the next Court.

Whereupon came James Brooke and became Speaciall baile for the Said
Thomas Oates in the Like Sume upon Condition that if he the Said Thomas
Oates did not appear att the time aforesaid then to forefeit the abovesaid Sume to
his Majestic etc.

Then did the Court adjourne till the third Tuesday in October 1699.

Att a Prince Georges County Court held att Charles Towne the Seventeenth
day of October in the Eleventh year of the Reigne of our Sovereigne Lord
William the third by the Grace of God of England Scottland France and Ireland
King Defender of the Faith etc. Annoque Domini 1699 By his Majesties Justices
thereunto appoynted and authorized. (Viz.)

Present. Mr. Thomas Hollyday, Mr. William Hutchison, Mr. Robert Bradley,
Mr. Robert Tyler, Mr. John Hawkins, Mr. Robert Wade, Mr. Samuell Ma-
gruder, Mr. Thomas Sprigg, Comissioners.