Provincial Court Proceedings, 1674.     299

       Capias to the Sheriff of Charles County directed and returnable Liber M M
       before the justices of the Provinciall Court the 11th day of ffebruary
       next following against him the said Gerard ffitz Gerard at the suite
       of the said Hugh Oneale in the action aforesaid Notwithstanding
       which the said Hugh Oneale his promise and assumption So as
       aforesaid made little regarding but deviseing and fraudulently in
       tending him the said John of the said summe of twelve hundred
       pounds of tobacco Subtilly to deceive the said twelve hundred
       pounds of tobacco to him the said John in his life time according to
       his promise and assumption though often thereunto required hath
       not paid nor to the said Jonathan since his death to whom admin
       istration of all and singular the goods and chattells which were the
       said John at the time of his death Since his death hath bin com
       mitted hath not paid but the same to pay hath and still doth deny to
       the damage of the said Jonathan two thousand pounds of tobacco
       And thereupon he brings his suite
         And the said Jonathan bringeth also here in Court the letters of
       admcon to him granted of all and Singular the goods and chattells
       which were the said John at the time of his death Since his death
       to him committed that it may appeare to the Court here that he is
       administrator of the said John and thereupon to have administration
         Afterwards to witt the 14th day of April in the 42th yeare of his
       Lopps Dominion &c came the said Hugh Oneale by Samuel Cressey
       his Attorny and prayed liberty of Speaking hereunto untill this
       Court and it was granted unto him the same day given to both
       parties.
         Now here at this Court to witt the sixtenth day of May in the
       yeare aforesaid Came the said Jonathan by Kenelm Cheseldyn his
       Attorny but the Said Hugh Oneale came not but made default there
       fore it is considered by the Court here that the Said Jonathan recover
       against the Said Hugh Oneale the Summe of twelve hundred pounds
       of tobacco together with three hundred and forty pounds of tobacco
       for his costs and charges in this behalfe laid Out and expended.

       Thomas Gibson the pl files a new declaration and makes James
           agt    Neale and         his wife defts therein
     Arthur Turner    Ordered that a Speciall warrt issue to resurvey the
                  Land in question and this cause to continue untill
                  next Court.

         The Sheriffs of Baltemore and Dorcester County for not returning
       their writts are amerced 5 £ Sterl apeice.

       Daniel Gouldson & William Hallett this cause being upon an appeale p. 222
             agt              from Calvert County Court and
       Demetrius Cartwright   day given to both parties untill