OCTOBER, 1699 COURT 613

John the Said Sume of three hundred Ninety Six pounds of Tobacco to the
Said Joseph and Company when he Should be thereunto requested would well
and truely Content and pay Nevertheless the Said John his promise and assump-
tion not regarding but mindeing and fraudulently intending them the Said
Joseph and Company in this behalfe Craftily and Subtilly to deceive and defraud
the Said Sume of 396 lbs. of Tobacco or any Part thereof to the Said Joseph
and Company hath not paid although the Said John to doe the Same by the
Said Joseph and Company afterwards the Day and place aforesaid was often
thereunto requested but hath hitherto refused and Still doth refuse to the Dam-
age of the Said Joseph and Company of Six hundred pounds of Tobacco and
thereupon they brings this Suite.

John Murdock Debtor to Joseph Jackson and Company.
To Six Gallons of Rome att 48 per Gallon ................................ 288

To 18 pounds of Suger att .............................................. 108

396

The Plantives by Joshua Cecell their attorney Prayes Speaciall baile to the
action abovesaid Alleadgeing that the Defendant was departing out of the the
Province and it was Granted unto him.

Whereupon came Thomas Plumer into Court in his Propper Person and
undertooke for the Said John Murdock to Pay the Debt aforesaid and Costs
thereupon and Desiered that Judgement might be Entred against him for the
Same.

Therefore it is Considered that the Said Joseph Jackson and Company Plantif
doe recover against Thomas Plumer Speaciall Baile of the Said John Murdock
Defendant as well the Sume of three hundred Ninety and Six pounds of Tobacco
their Debt aforesaid as allso the Sume of two hundred and twenty pounds of
Tobacco Costs of Suite to the Said Plantives of their assent by the Court here
adjudged and that the Said Thomas Plumer be in Mercy.

The Court adjournd till tomorrow Morneing and then mett.

Present. Mr. William Hutchinson, Mr. Robert Bradley, Mr. John Hawkins, Mr.

Robert Wade, Mr. Samuell Magruder, Mr. Thomas Sprigg, Mr. James Stodart,

Comissioners.

Timothy Mayhall made Oath to Severall dayes Lent of his horse and Poark
Delivered to Capt. John Lowther.

Samuell Taylor Made Oath for Timothy Mayhall against Capt. John Lowther.

David Wallcroft Servant to Mr. Nicholas Sporne adjudged for runneway time
30 days by his owne Confession. Ordered that he Serve according to act of
assembly.

John Booker made Oath to Six dayes attendance for John Banister against
William Smith Ordered that the Said John Banister pay him after the rate of
30 per Day for his Said attendance.

Mr. Thomas Greenfeild by Joshua Cecell refused to Comply with the Demand
of the Justices for the reimbursting the Tobacco demanded of him by them,
Allso Joshua Cecell made the Same Answer to the Courts Demands of him.