234 Proceedings of the Council of Maryland, 1707/8.

            Lib. C. B.    Att a Councill held Febry 17th 1707/8

              p. 107

                                 Present

                         His Excy the Governour

                            Thomas Tench Esqr Col Wm Holland And

                 The honble        .

                           Col. Francis Jenkins Col. W Coursey

                   Capt John Darrocott Comander of the Ship Susanah of

                 Barnstaple a Trader in this Province in Chester River Com

                 plains to his Excy and the Board That whereas by the late

                 Act of Assembly for Encouragement of Townes he is obliged

                 to keep Store and sell his Goods in Townes But that there

                 is no Towne Built where he Trades so that he is under the

                 Dilemmas Either of Exposeing his Goods to the Weather

                 desert his Continued place of Trade or render himself ob

                 noxious to the penalty of the said Act of Assembly.

                   Colonel Thomas Smith late Speaker of the House of Dele

                 gates being present at the Board his Excy was pleased to

                 Ask him how it came to pass that the Assembly had not

                 made provision in Case Convenient Store houses were not

                 Built in due time.

                   To which he Answered he was sure it was the Intention of

                 the Assembly to have done so as may be seen by giving Lib

                 erty to the Inhabitants to Build untill September next.

                   Whereupon his Excy the Governour & Councill together

                 with Col Thomas Smith and Mr Iustice Lloyd were of Opin

              p. zoS ion that in any Reasonable or Equitable Construction he

                 would not be Lyable to the penaltys of the Act if he should

                 sell his Goods Elce where and that no Advantage in this

                 Case ought to be taken untill September next against him or

                 any other person.

                   Mr Bordley late Clark of the provinciall Court appears at

                 the Boarde made oath that being asked for four Navigation

                 Bonds which the Attorney Genll inform'd him he was ordered

                 to prosecute upon the strictest Search he could not find them

                 in the Secretarys Office neither did he ever see them.

                   Peter Perry who had been Admitted in forma pauperis and

                 Thomas Macknemarra assigned to prosecute his Cause against

                 Roger Wolford Complained to his Excy that notwithstanding

                 that Admision Macnemarra had taken twenty Shillings and

                 one hundred pound of Bacon of him as Fees in that Cause

                 and having now by his Misbehaviour rendred himself un

                 capable of doing him any Service Refused to returne him

                 the same.

                   The said Macnemara being at the Door his Excy ordered

                 the Sherriff of Ann Arundell County to ask him if he had

                 taken any such Reward. To which the Sherriff returned that