22        Provincial Court Proceedings, 1677.

              Liber N N Jno Cooper
                                     agt
                    Michael Miller
                    Kenelm Cheseldyn

                                     agt
                 p 322 Edwd English admr Roger Thorpe

                    Samuel Bagbey This action being cothenced in the County
                        agt Court of Ann Arundell County by the said
                  Thomas Smithwick     Samuel against the defendant Smithwick in an
                                  action of trover & conversion for a Gunn and
                    the plaintiff was there nonsuited upon the Same, whereupon the
                    said Samuel did pray an appeale to this Court and it was granted
                    him. And the said Samuel haveing given security for the prosecu
                    tion of the said Appeale the appealant in pursuance of an Order of
                    this Court filed his declaration anew in these words vizt
                      Thomas Smithwick late of Ann Arundell County was Sumoned
                    to answer unto Samuel Bagbey of a plea of Trover & conversion &c.
                      And whereupon the Said Samuel Bagbey by George Parker his
                    Attorny Saith that whereas the said Samuel Bagbey the twentith
                    day of October in the yeare of Our Lord God One thousand Six
                    hundred Seventy five was possessed of One Gunn about five foot
                    by the barrell marked with N: B: with a brasse plate about the Stock
                    of the Said Gunn of the value of foure hundred pounds of tobacco
                    as of his owne proper goods & the Said Samuel being thereof so
                    possessed the said Gunn afterwards out of his possession Colonell
                    Samuel Chew did impresse for the service of the Country against
                    the Indians and was casually lost which said Gunn afterwards to wit
                    about the tenth day of Septemr in the yeare of Our Lord God 1676
                    to the hands of him the said Thomas Smithwick by finding came,
                    which said Gunn the said Thomas though often required to wit in
                    the month of September 1676 to him to deliver hath refused & Still
                    doth refuse to the great damage of him the said Samuell whereupon
                    he Saith he is dampnified & hath losse to the value of Eight hundred
                    pounds of tobacco & thereupon he bringeth his suite.
                      And the Said Thomas Smithwick by Thomas Bland his Attorny
                    cometh & defendeth the force & injury when &c and Saith he is not
                    guilty of the trover & conversion in manner & forme as is specified
                    in the declaration & thereupon he putts himselfe upon the judgment
                    of the Court & the plaintiff likewise.
                      Now here at this day to witt at st Maries the three & twentith day
                    of June in the second yeare of the Dominion of Charles Lord Balte
                    more &c Annocp Doth 1677 It it granted by the Court here that the
                    said Samuel Bagbey recover against the Said Thomas Smithwick
                    the Gunn aforesaid or three hundred pounds of tobacco damages
                    occasioned by the Suite aforesaid together with One thousand ninty
                    & Eight pounds of tobacco costs of Suite.