continued:1677-1679

Roger Pedly, in an action of debt against Henry Boman. Plaintiff is nonsuited because Boman's home and being are not in this Riding.-B., 304.

March 8. Nathaniel Spratt declares that John Shepard owes him 4.14 for a parcel of goods bought-one cloak, 3, two bottles of rum, ten yards of Ozenbrigs and one hat; and to prove the debt brings his account to the Court. Joseph Sutton says he saw the above goods delivered. John Locusson {Kissam} says he knows Shepard had most of the above mentioned goods. The Court orders plaintiff to have his debt out of defendant's estate that he hath attached, but the estate shall lie in the constable's hands till fourteen days after the next town Court, and then if Shepard nor none in his behalf appear to pay the debt, then the estate attached shall be sold at an outcry, and satisfaction made to the plaintiff so far as it will go, and defendant to pay all necessary charges. -B., 305.

Joseph Sutton declares that John Shepard owes him 16s. upon an account. The Court order Sutton to have his debt out the estate of Shepard, attached as above. B., 306.

April 4-John Bedell declares that he had about four loads of hay in a stack on the Hay-bridge Neck, and that Samuel Denton and Timothy Halstead set a fire, on the 6th of March, at Washborn's Neck, being the next neck to it, to secure their own hay, and as he conceives that fire burned his hay. It is agreed between the parties that the defendants are to give Bedell two loads of fresh hay. The hay stands in a stack at Washborn's Ne3ck; and each to bear their own charges.-B.,307.

Robert Hubbs enters an action of debt against Joseph Sutton, and declares he is damnified to the value of ___.B., 308.

Mr. Nathaniel Spratt declares that John Shepard owes him, and being run away, he found some of his estate in Robert Godfrey's hands, aa a horse and some wood, which he hath attached. John Jackson says: About February 1st Godfrey came to my house and inquired for Shepard, who was run away, 8 in his debt, and he hired me to go with him after Shepard, and when we came to Huntington we found him there, and they had a great deal of discourse together alone. Then Godfrey came to me and I asked what he had done. He said they had agreed and he was to have Shepard's horse and some other things. The Court, having heard both sides and their witnesses, order it thus: that Spratt shall have the horse, remitting 1.9, (that Godfrey engaged for Shepard to Spratt), or else Spratt to have the 1.9 and Godfrey have the horse. Spratt choses the horse.-B., 308.

Joseph Sutton declares that Robert Hubbs did once employ him to go after his daughter that was run away with Thomas Daniels, "I said I had a great deal of work to do, and he said he would put a hand to work in my place. With that I did go after the maid, and in my absence I suffered great damage in some of my swine, for I found part of them dead, and am damnified in my other business."-B., 309.

July 3.-Richard Gildersleeve declares that Matthew Bedell owes him a bushel of wheat for a scythe he had of him, and three bushels for the hire of a lot of meadow. Defendant owns the bushel of wheat, and the three bushels he woned due if he found the meadow burned. John Smith says he one time met Bedell coming from the South, last summer, the latter end of mowing time, and asked him what he had been doing, and he said, "Amowing on Gildersleeve's lot at Coe's Neck." The Court order Bedell to pay one bushel of wheat for the scythe and three for the meadow. -B., 309.

August 1.-John Jackson, in an action of the case, declares that Abraham Smith hath taken up Jonathan Mills' horse off the common unjustly. Adam Mott, Jr., says: A little above two years ago Joseph Langdon and I marked a colt for Abel Gale in the ear with a half-penny and a slit, and this is that horse, to the best of my knowledge. Benjamin Seaman says: Almost two years ago I brought up a mare of Isaac Mills', that was formerly Abel Gale's, and there was a colt of a year and a vantage old. This is that horse, Isaac Mills gave John Jackson orders to look after his jades that run about Hempstead bounds. Richard Valentine says the same. Abraham Smith says, a little above three years ago he marked a sorrel colt, with one white foot, for Mr. Noble, with a half-penny and a slit, and this horse now in difference is that which he marked. Solomon Seaman says, about three years ago he was at the Cedar Swamp head, on the east side of Hempstead Harbor, and there he saw a mare that is now Jonathan Mills', with a sorrel colt, and next winter he saw the same mareand colt on the west side of the East Meadow. Referred till next Court, and both parties to appear without any more summons.-B., 310.

Jonathan Mills, in an action of trespass, declares that William Noble hath taken up a horse of his off the common, and produces witnesses as aforementioned. The Court order defendant to have the horse.-B., 312.

The Court order that no person that is not concerned shall speak nor make disturbance in Court, upon the penalty of 10s. fine, or more, if the Court sees cause.-B., 310.

November 7.-Jonathan Smith declares that James Pine, Sr. and Jr., Samuel Pine and Nathaniel Pine, have lugged, cut and crippled four or five of his two-year old swine. Two or three are missing from their company, and the rest sorely maimed. He therefore humbly requests that this Honored Court would be pleased to take his case into their consideration and award him justice according to law, and for them he shall ever pray.-B., 313.

1678, January 2.-Joseph Pettit declares that John Marshall owes him one cow of a middling stature, sound and well, to be delivered at or before the first of September last, and to prove it produces a bill, witnessed by two men, under defendant's hand.-B., 314.

March6.-Edward Rainer declares that Mattew Bedell hath taken away a part of his cart-tackling, for the use of which he was to plow and sow a parcel of land with winter corn, which he did not do. Jeremy Wood, Jr., says Bedell was to have the use of Rainer's tackling for a year, and for it was to plow and sow for him a piece of land in season, and they were to have the use of the cart between the. The Court order defendant to pay 30s. either in corn (wheat at 5s. a bushel, Indian corn at 3s) or else a young neat beast that comes near the money.-C., 139.

May 1.-John Skidmore declares that William Osborne owes him on a account 1.8.7, and gives his oath to it. Joseph Langdon says his mother desired him to fetch three quarts of sack for her from John Skidmore's, of Jamaica, for she said her son Osborn had given her order to send for some. The Court order defendant to pay 1.8.7, which is the sum of the account.-C., 140.

April 17. - Robert Williams, shoemaker, in an action of the case against John Smith Blue. Having had some differences they came to an agreement lately, and Smith engaged to deliver two half-hides of leather, which he now refuses to do. Thomas Rushmore says the above named came to an agreement that Smith did accept of John Ellison for security for the remaining 13, and the shoes already arrested to remain to Smith, and a pai or two of shoes from Robert to make up, if anything were wanting upon the 7 to be paid to Osborne, and Smith to deliver to Robert two half-hides, and Robert to pay Smith one week's diet and for some buttons, and something to James, the tailor. Mr. Jonah Fordham says: John Ellison was to give in a bond to clear Smith of the 13 that is yet behind on Osborne's bond, and what the shoes that were arrested come short of paying the first 7 Robert was to make up in shoes and pay for a week's diet and some thread, and Smith was to deliver two half-hides to Robert the next Wednesday. Jonathan Pine says Robert came to Smith's and asked for his leather, and Smith told him he should clear him from Osborne, and then he should have the leather, or else he should have none then. The Court order defendant to deliver two half-hides to Williams according to agreement forthwith upon demand.-B., 327.

August 9.-John Smith declares that Robert Williams hath wrongfully taken some tools out of his house, as a pair of pincers, some awls, and leather. He hath also wronged him deceitfully in his work. William Jacocks says he heard Williams say that those he had hides of should have good shoes, but those that have shoes of Smith should take them as they fall. John Jackson says that he being at Smith's, Williams came for his leather, and Smith fetched half an ox-hide and half a steer's -hide, and Robert said he had rather have half a cow's-hide in place of the steer's, and Smith went and fetched half a cow's -hide and tendered them to Robert, else he fetched a piece of leather more for some that was gone off one of the hides. Thomas Fese testifies the same. The Court decide for the plaintiff, and order defendant to give satisfaction to him in a public assembly (either in writing or else by word of mouth) for his ill language. And concerning the tools, if John Smith, Jr., will take his oath that he never sold nor trucked them with nor to Robert, neither directly nor indirectly, then the tools shall return to Smith; otherways they shall remain to Robert.-B., 271.

Timothy Plum enters an action of debt against Henry Mott and William Hedger. The Court order defendant to pay 1.4.6, which is the sum of the account, only he hath liberty till the first Wednesday in October to prove the debt paid, which if done, the plaintiff must pay costs of suit, but if not done, the verdict of the Court stands in full force.-B., 268.

November 6.-John Ellison, in an action of unjust molestation, against John Smith Blue, humbly declares that he is damnified 3 by being unjustly forced from his occasions. Referred to next Court, at defendant's request.-B., 269.

1679, February 21.-Mr. William Hill declares that Samuel Allen owes him 2.14.10 upon the account of a bill passed by Allen to him. This action is referred, upon defendant's request, till John Skidmore returns from New England again, plaintiff to pay the present charges. -B., 268.

May 7, - Ordered by this Court that no man shall search or post the Records, or cause the Clerk to do so, without paying him 12.-B.,226.

December 3.-John Roads enters an action of the case against John Carpenter. Capt. John Seaman says: When James Till came home sick, on First Day, in the afternoon, John Ellison came to my house and fell into discourse with James concerning a debt to John Roads, and asked how he thought to pay Roads, and he said he would pay in a horse, and that Roads should have him as soon as he could be got up. So I bid James set a price on him, and he answered he might be worth 5. Ellison said no, he would not give that. So the conclusion was that he should be prised by men, of whom Nathaniel Pearsall was one. Pearsall says; When James lay sick, he told me I must do him a kindness-that was to prize a horse for him that Roads was to have. I asked what horse, and he told me "it was the black horse of Terry's that I ride." I told him I would have him get another man to prize him, for I would not meddle in prising of him, and my reason was I apprehend him to be so bad that I should not value him at anything. Court find for defendant.-B., 162-3.

John Roads against James Mott-an action of debt. Roads declareth that James Till, deceased, being in his debt, and Mott being in Till's debt, as by evidence given by John Smith doth appear, and having by warrant attached the money he oweth Till, he thereupon bringeth his suit. Referred till next Court. -B., 164.

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