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106 Provincial Court Proceedings, 1679/80.
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Liber W. C.
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of tobacco in the said declaration specified according to the tenour
of the said writeing obligatory did pay, & this he is ready to averre,
& thereupon demands judgmt if the said plt his action aforesaid
against him ought to haue And the plt also. And thereupon the
prmisses being seen and by the Justices here fully understood And
itt not being made appeare to the Court here that the said John Atkey
hath paid unto him the said Richard Bailey the aforesaid sume of
foure thousand fiue hundred pounds of tobacco in the said declara-
tion specified according to the tenour of the said writing obliga-
tory Therefore itt is considered, that the said Richard Bailey
recover against the said John Atkey as well the aforesaid Sume of
foure thousand five hundred pounds of tobacco debt As also One
thousand thirty & eight pounds of tobacco costs of suite And the
Defendt in mercy &c
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p. 96 Eliza Potter who
as well &c
agt
Tho: Doxey & ux :
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Thomas Doxey & Ann his wife Attached to
Answer unto Elizabeth Green als Potter who as
well for the right Honble the Lord Propry as for
her selfe in this behalfe prosecuteth of a plea of
trespas of the case
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And whereupon the said Elizabeth Greene ats Potter who as
well for the right Honble the Lord Propry as for her selfe prose-
cuteth, complaineth & giueth the Court here to understand & be
informed. That whereas by a certaine Act of Assembly made att a
Gennll Assembly begun & held att the Citty of St Maryes the six-
teenth day of May One thousand six hundred Seventy six entituled
an Act touching servants, which said Act remaines still in force,
itt was amongst other things thereby ordained & Enacted, that no
person or persons whatsoever should trade barter commerce or
game with any Servant (except hired Servants) within this Province
without lycence first had & obtained from his or her Master Mistris
Dame or Overseer under the penalty of two thousand pounds of
tobacco to be paid the one halfe to the Lord Propry & the other
halfe to the Master of such servant or true Owner of such goods
so purloined gamed and bartered for when proved by sufficient witt-
nesses or confession of the party, to be recovered by action of debt
bill plaint or Information, wherein no Essoyne Protection or wager
of Law to be allowed As by the said Act relation being thereunto
had may more att large appeare Yett the said Ann Doxey the said
Act nor the penalties therein contained not regarding, she the said
Ann Doxey upon the ninth day of April one thousand six hundred
Seventy nine & att severall other dayes & tymes from the first day
of April to the ninth day of April aforesaid did trade barter & com-
merce with one Isabell Cayton since deceased then Servant to the
said Elizabeth Green ats Potter for divers wearing apparrell several
head linnen & other linnen & a black hood to the Value of
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