xlviii                           Introduction.

"for refusing to assist in the mending of the highways." When the matter
came before the court, one Clement Thompson "beinge drunck & not able to
anwser for himself" was fined 100 pounds of tobacco and ordered to answer at
the next court. Another, John Longe, who declared "he was never required"
was dismissed, and Robert Lofton, summoned to appear, was returned by the
sheriff as not to be found. William Cotton, presented at the same time, was
"returned to be dead by the Sheriff" (p. 519). At the August, 1674, court, in
pursuance of the act of the Assembly of this same year, four of the justices,
with full power to act for the entire bench, were appointed to agree with the
commissioners of St. Mary's County in making a highway, passable for horse
and foot, over Zachia Swamp within two miles of the mill, the money to be
raised by a levy of tobacco (p. 564). There can be no question that the 7500
pounds of tobacco allowed in the 1674 levy to be paid to Captain William
Boarman "for making the bridge" was for the Zachia Swamp highway

(P. 587).

In two deeds we find paths mentioned as land bounds in a way to indicate that
they were fixed landmarks, and very possibly Indian trails. One of these marked
the bounds of the tract "Napping" on the west side of Portobacco, or St.
Thomas' Creek (p. 178) ; the other refers to a "bounded oak standing by the
path side", marking the bounds of Coome's Purchase on the west side of the
Wicomico River (p. 419).

LIVESTOCK AND LIVESTOCK MARKS

Horses, cattle, and swine figure frequently in the court records. When these,
bearing the owner's recorded mark, were sold, the new purchasers often re-
quired that the change of ownership be recorded in a bill of sale. Thus, when
Philip Gibbon sold a "black stone horse with a star on the forehand" and with a
recorded mark, there was a bill of sale recorded (p. 531). The same was done
when William Fairecloath, a planter, sold to Edmund Lindsay, the planter and
innkeeper, a marked red cow and a heifer (p. 566). At the June, 1673, court,
John Grubb sued Richard Ambrose for 400 pounds of tobacco which had been
agreed upon between them as the price for Grubb's gelding a horse, which Am-
brose had not paid. Grubb asked the court for 400 pounds and in addition 600
pounds damages. The court awarded Grubb 400 pounds, and 300 pounds costs
(pp. 501-502). Misbranding stock owned by others was punishable by dam-
ages to the owner and a fine to the Lord Proprietary, half of the latter going
to the informer. Edmund Lindsay, at the August, 1674, court, sued Thomas
Allanson for misbranding and "detaining" a mare which had strayed away,
and demanded 3000 pounds of tobacco as damages. The defendant claimed that
the branding was done in error, but a jury found for the plaintiff, and the court
allowed the plaintiff the 3000 pounds asked, as well as 749 pounds for the costs
of suit (pp. 582-583). The claim that the misbranding was done by mistake
may have saved Allanson from a fine to the Proprietary. At the June, 1674,
court, George Godfrey sued Alexander Sennet for 2000 pounds of tobacco for
taking up and marking a mare of his running at large in the woods, and mark-