(121

The p^rmises being Considered & found not to lye within y^e Jurisdiction

of this Court, a Non Sute is awarded agt y^e Plt w^th Cost alis Executio .

~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

Richard Wharton Plt.              Somerset County Ss //

Thomas Gillett Dfend^t }           Thomas Gillett was attached to

~ ~ ~ ~ ~                answer unto Rich^d. Wharton Adm^r

                                                         of the goods Chattels & Credits of

ffrancis Gunby deceased of a plea of trespass on y^e Case &ca.

And whereupon the sd Rich^d. by Peter Dent his Attorney Complaineth

that whereas the Said Thomas the 20^th day of July in y^e year of

our Lord 1692 at Pocomoke within the Jurisdiction of this Court by

his Certain Note Subscribed with the propper hand of him y^e Said

Thomas & here in Court produced may appear y^e date whereof is

the date afd acknowledged himself to be indebted to the sd ffrancis

in his lifetime in the Sum of Seven & thirty shillings & y^e sd Thom

to the said ffrancis in his life time in manner afd being indebted

did assume upon him Self and to the sd ffrancis faithfully promise

that he the Said Thomas y^e Same to the sd ffrancis would well &

truely Content & pay, Nevertheless the sd Thomas the sd Seven & thirty

shillings according to the Content of the sd Note to the sd ffrancis

in his life time, nor to the sd Richd Adm^r afd hath not paid to the

damage of the sd Richard of 1600 pounds of tobaco & thereof he

brings his Sute &ca. Dent p^r Que^r. Plegs &a              Jn^o Doe

                                                                                      Rich Roe

The abovesd Note of thirty Seven Shillings was produced in

Court, but by reason of its imperfectness & Oblitreracy doe

forbear to record the Same, yett the Same Note by the Wor^ll Court

was thought to be just & Sufficient to give judgm^t upon &

thereupon the Court gave Order agt y^e Dft for y^e Debt declared

for with Cost als Executio. //

And the Dft by Rob^t Pirrie his Attorney Comes & Saith that y^e plt

hath not proven his note & therefore Craves a Non Sute, and of

this he puts himself upon y^e Court. Pirrie p^r Dft.

And the plt puts himself on the Court also Dent // vid judgm^t supra

Sr. Tho: Lawrence. Plt              Sciori facias being made known

Han. Maynard Adm^x Dft}      to the Dft for 2400 lb tob it being

~ ~ ~ ~ ~ ~ ~ ~             this day Calld, it being made

appearant to this Court 1200 pounds of the afd being allread paid

the Court gave judgm^t agt the Dft for y^e other moiety w^th Cost &ca.

Cap^t Jn^o King &ca. Plts            Attachm^t being issued agt y^e Dfts goods

Jn^o Taylor Wiccoco Dft }         &ca return whereof was made to this

~ ~ ~ ~ ~ ~ ~ ~              Court p^r sher. as foll viz —

=Attached in the hands of Jn^o Crouch & Sumoned by me. Wm Boseman

                                                                                      Sub.sher.

The sd Crouch being Calld did not app^r upon w^ch y^e Court did Ord^r [Condemnation]

for 936½ being debt & Cost w^th Exⁿ &a.