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Provincial Court Proceedings, 1678. 25
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Now here att this day to witt the Eleventh day of Octobr in the
third yeare of the Dominion of Charles Lord Baltemore &c Annoq
Doni 1678 came the said Robt Hewit by His Attorney aforesaid And
offered himselfe against the said Thomas Helgar in the plea afore-
said, but the said Thomas came not but made default Therefore itt
is considered by the Court here that the said Robert Hewitt recover
against the said Thomas Helgar as well the aforesaid Sume of three
thousand nine hundred Sixty & six pounds of tobacco debt As also
ffive hundred forty foure pounds of tobacco costs of suite And the
Defendt in mercy &c
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Liber N N
p. 698
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James Wasse
agt
Wm Hemsley
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Wm Hemsley late of Talbot County otherwise called
Wm Hemsley practitioner in Phisick & Chirurgery
of Talbot County in the Province of Maryland was
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Sumoned to Answer unto James Wasse of a plea
that he render unto him the sume of Seven thousand pounds of
tobacco which to him he oweth & unjustly detaineth
And whereupon the said James Wasse by Robert Carvile his
Attorney saith, that whereas the said Wm Hemsley the second day
of ffebruary Anno Doni 1676/7 by his certaine writeing Obligatory
Sealed with the Seale of him the said Wm Hemsley & here in Court
produced whose date is the same day & yeare above written, did
acknowledge himselfe to owe & stand indebted & firmly bound unto
the said James Wasse Chirurgion of London then in the abovesaid
County & Province in the full Suine of Seven thousand pounds of
good sound Mrchantable tobacco & cask to be paid unto the said
James Wasse his heyres or assignes att some convenient place in
Talbot County To wch payment well & truely to be made he did
binde himselfe his heyres Exrs by those prsents Notwithstanding
which the said Wm the said sume of Seven thousand pounds of
tobacco unto him the said James Wasse hath not paid, but the same
to pay hitherto hath & still doth altogether deny to the damage of
him the said James ten Thousand pounds of tobacco & thereupon he
bringeth his suite.
And the said Wm Hemsley by Kenelm Cheseldyn his Attorney
doth come & defend the force & injury when &c and prayeth the
hearing of the said writeing & itt is read unto him, he prayeth also the
hearing of the Condicon of the said writeing & itt is read unto him
in these words The Condicon of this Obligacon is such, that if the
above bound Wm Hemsley his heyres Execrs Admrs or assignes doe
well & truely pay or cause to be paid unto Thomas Tailor of Kings
Creek or John Stanley or either of them or their assigns for the use
of the abovesaid James Wasse the full sume of three Thousand five
hundred pounds of sound & bright Mrchantable tobacco & cask
picked & culled from ground & under leaves seconds & trash att his
own Plantacon att or upon the tenth of the month October next
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