Hawkins
v. } Debt Sur Stat
James—
John Hawkins an Indian of Curratuck Precinct by Thomas Swann his Attorney comes to prosecut Thomas James of the same prect: in custody of the Marshl: in a plea that he do render unto him the sum of fifteen pounds current money: which to the plte. he oweth & from him unjustly detaineth for that to witt that whereas by an Act of Assembly now in force in this Governmt: Intituled an Act to appoynt the marking of Horses Cattle and hoggs and to prevent injurys being done by killing mismarking driving away or destroying peoples Stocks and amongst other things it is enacted that if person or persons whatsoever shall take up kill marke or brand mismarke or misbrand alter or deface the marke or markes brand or brands of any horses Cattle or Hoggs not properly Their Own and be thereof lawfully convict by the Oath of One Creditable Wittness he or they so offending shall forfeit and pay for every Horse Mare Colt Cattle, or hoggs so taken up killed marked or branded mismarked or misbranded alterd. or defaced the Sum of ten pounds over and above the value of Such Horse mare Cattle and hoggs the one half to the owner the other half to him or them that shall Sue for the Same to be recoverd. by Action of Debt Bill plaint or information in any Court of Record within this Governmt. wherein no Else in protection Injunction wager of Law or priviledge shall be allowed or admitted Yet Nevertheless the said Defte. the said Act of Assembly not regarding nor the paines & forfeitures in the Same not fearing did on the twenty eighth day of February One thousand Seven hundred & twenty four at the precinct of Curratuck kill one three year Old Heifer of the value of five pounds properly belonging to the plte. and no ways belonging to the Defte. Yet he the Defte. plotting & wickedly contriving him the said plte. of the aforsaid Heifer to deceive defraud did kill at the time & place aforesaid the aforesaid contrary to the act aforesaid Whereupon action hath accrued to the plte. to have & receive of the aforesaid Defte. the sum of ten pounds for the Heifer so killed by the Defte. belonging to the said plte. as also the value of the said Heifer which the plte. layeth at five pounds which Sums amounting in the whole to fifteen pounds Yet the aforesaid Defte. the said Sum of fifteen pounds hath not payd to the said plte. but the same to pay altogether refuseth to the plte's damage twenty pounds for which he bring this Suite &c.
And the said Defte. (tho' Solemnly required) came not and the Marshall's return being that he left a Copy of the Writt & at the dwelling house of the Defte. According to the direction of an Act of Assembly in that Case madeth.
Therefore It is granted at the plte's request that an Attachment do issue agt. the goods & Chattells of the Defte. thereby to compell him to appear &c. at the next Court on the last Tuesday in October next.