296  Provincial Court Proceedings, 1674.





     Liber M M             plea that he render unto him the summe of six
                           teen thousand pounds of tobacco which to him
                           he oweth and unjustly deteineth
                 And whereupon the said William by Kenedy Cheseldyn his At
                torny saith that whereas the said John the One and twentith day of
                march in the yeare of our Lord 1671 did by his certaine writeing
                Obligatory sealed with the seale of the said John here in Court
                produced whose date is the day and yeare abovewritten acknowledge
                himselfe to Owe and stand indebted unto the said William Gittings
                of London Gent in the full and just Summe or quantity of Sixteene
                thousand pounds of good Sound merchantable tobacco in caske to
                be paid to him or to his certaine Attorny to the which payment well
                and truly to be made the said John did bind himselfe his heirs execu
                tors and administrators firmly by these presents Notwithstanding
            p. 219 which the said John Gittings though often thereunto required the
                said summe of sixteen pounds of tobacco to him the said William
                hath not paid but the same to pay hitherto hath denyed and Still
                doth altogether deny whereupon the said William Saith he is worse
                and damage hath to the value of five and twenty thousand pounds of
                tobacco and thereupon he bringeth his suite.
                 And the said John Gittings by George Parker his Attorny doth
                come and defend the force and injury when &c and prayeth heareing
                of the said writeing and it is read unto him he prayeth also heareing
                of the Condition of the said writeing and it is read unto him in these
                words The Condition of the abovementioned Obligation is such that
                if the abovebounden John Gittings doe well and truly pay or cause
                to be paid unto the abovenamed William Gittings the full and
                just summe or quantity of eight thousand pounds of good mer
                chantable tobacco in caske at two payments Vizt foure thousand
                pounds thereof at or upon the last of December next ensueing in
                some convenient place in Petuxent River and the other foure thou
                sand the last of December next (next) following which will be in
                the yeare 1673 without fraud or covin then this Obligation to be
                void and of none effect or else to stand and remaine in full force
                and virtue, which being read and heard the said John Saith that as
                to five thousand pounds of tobacco the remainder of the said summe
                of eight thousand pounds of tobacco in the declaration of the
                said William aforesaid mentioned he hath nothing to say in barr
                Whereby the said William remaineth against the said John for the
                said summe of five thousand pounds of tobacco herein undefended.
                 There fore it is Considered by the Court here that the said Wm
                 recover against the said John the said Summe of five thousand
                pounds of tobacco and also three hundred and forty pounds of
                tobacco for his cost and charges in this behal fe laid Out and expended
                but execution is hereby Stayed untill the last day of October next.