OCTOBER, 1699 COURT 607

recover of the Said David Small as well the Sume of Two Thousand one hundred
and fifty two pownds of Tobacco the Ballance of accounts as above their Debt
aforesaid as allso the Sume of four hundred pounds of Tobacco Costs of Suite
to the Said Plantives of their assent by the Court here adjudged and that the
Said David Small Defendant be in mercy.

Thomas Tany and uxor Plantiff: Treacys administrator Defendant

Thomas Tany and Jane his Wife Brought his Majesties writt against David
Small as Administrator of Charles Treacy Deceased of a Plea that he render unto
them the Full Quantity of one Thousand one hundred Ninety and Seven pounds of
good Large and dry Leafe Tobacco and Caske to Conteine the Same which from
them he unjustly deteineth etc. as by Declaration Filed may appear.

And the Said David Small administrator as aforesaid by Joshua Cecell his
attorney cometh and defendeth the force and Injury when etc. and Prayeth Leave
to have auditors assigned [508] them to hear and adjust accounts between Each
Party according to an ordinance of assembly in Such Cases Made and Provided.

Whereupon the Court doth assigne them auditors (viz.) Mr. Robert Bradley
and Mr. William Barton and to returne their auditt this Court.

And now here att this day (to witt) the 26th day of September annoque
Domini 1699 came heer as well the Said Thomas Taney and Jane his wife as the
Said David Small administrators of Charles Treacy Deceased by their attorneys
and the auditors Likewise came and made repoart as followeth. Viz.

[The report is not entered in the Liber.]

Therefore it is Considered that the Said Thomas and Jane his Wife recover
against the aforesaid David Small Administrator of Charles Treacy Deceased as
well the Sume of their Debt aforesaid as allso the Sume of two hundred and
Sixty pounds of Tobacco Cost of Suite to the Said Thomas Taney and Jane his
wife of their 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 in his hands to be administred and
the Said David Small in mercy.

Henry Willis Plantif: Treacys Administrator Defendant

The Plantiff by William Stone his Attorney brought his Majesties writt of
Capias against David Small administrator of All and Singular the goods Chatties
and Creditts of Charles Treacy Deceased of a Plea of Tresspass upon the Case.

Against which the Defendant Mr. David Small administrator as above alleadged
there was an account due in Barr of the Said Debt Whereupon it was the
Oppinion of the Court to assigne them auditors to hear and adjust accounts
between him and the aforesaid Plantiff According to an ordinance of Assembly
in Such Cases made and provided. That is to Say Mr. Robert Bradly and Mr.
James Stoddart and to returne their auditt the next Court. Mr. Cecell the De-
fendants attorney being in the mean time obleidged to procure the rates of
Licquors out of Callvert County records att the time the Debt was Contracted.

Treacys Administrator Plantiff: Teigue Treacy Defendant:
David Small administrator of Charles Treacy Sues the Defendant in an action
of Debt it being for three hundred and fifty Gallons of Sider the Defendant
obliedgeing himself and heires etc. for the Payment of the Same as by the Said
bill filed appeareth.