254       Provincial Court Proceedings, 1674.

         Liber M M  caske according to Act of Assembly to be paid upon demand at some
                 convenient place in Petuxent River and for the true performance
                 thereof did thereunto putt his hand and seale. And whereas also
                 the said Samuel the third day of May One thousand six hundred
                 sixty nine by his certaine other writeing Obligatory sealed with the
                 seale of the said Samuel here in Court produced whose date is the
                 same day and yeare abovewritten acknowledged himself e to have
                 received of the said Demetrius Cartwright the full and just summe
                 of One thousand pounds of tobacco being in full satisfaction for
                 cutting and mailing two thousand good sufficient fencing loggs
                 fourteene foot long which said loggs the said Samuel did bind him
                 selfe to mall and finish or cause to be finished by the last day of
                 November next ensueing the date thereof and if in case the said
                 worke was not finished by the said last day of November then the
             p. 185 sd Samuel did engage himself his heirs executors administrators to
                 pay or cause to be paid unto the said Demetrius Cartwright his
                 heirs executors administrators or assignes againe the full summe
                 of One thousand pounds of tobacco upon demand after the last day
                 of November next ensueing the date thereof at some convenient
                 place in Petuxent River and to the true performance thereof did
                 thereunto putt his hand and seale the said Demetrius in fact saith
                 that the said Samuel did not cutt and mall the said two thousand
                 Loggs or any part of them according to his said writeing Obligatory
                 Notwithstanding which the said Samuel the said Summe of three
                 hundred and forty pounds of tobacco nor the said Summe of One
                 thousand pounds of tobacco in the whole amounting to the summe
                 of One thousand three hundred and forty pounds of tobacco accord
                 ing to his said severall Obligations hath not paid though often there-
                 unto required but the same to pay hath and doth altogether deny
                 to the damage of the said Demetrius two thousand five hundred
                 pounds of tobacco and thereupon he bringeth his suite.
                   Now here at this day to wit the eightenth day of April in the
                 42th yeare of the Dominion of Caecilius &c the same Sheriff returnes
                 to the Court here that the said Samuel Serrell is not found in his
                 Bailiwick whereupon the said Demetrius prayeth an attachment to
                 be granted unto him against the goods and chattells of the deft ac
                 cording to an act of Assembly in that case made and provided and
                 it is granted unto him

                 John Neathway It was Comãnded the Sheriff of Charles County
                   agt that he take James Lee if &c and the Sheriff haveing
              James Lee     returned a Cepi. and the deft not appeareing Or
                            dered that unlesse the deft appeare at next Court by
                            himselfe or Attorny to answer the pit that the
                            sheriff be amerced 40s.