322  Provincial Court Proceedings, 1674.




         Liber M M  tobacco the debt aforesaid as also the summe of five hundred flinty
                 five pounds of tobacco for his costs and charges in this behalf e laid
                 Out and expended.

                John Nevill
                   agt      this Suite abates the pl being deceased.
                John Desiardins

                Randolph Revell George Johnson late of Somersett County other
                     agt wise called George Johnson of the County of Som
              George Johnson  ersett planter was Sumoned to answer unto Ran
                            dolph Revell of a plea that he render unto him the
                            sume of foureteene hundred and One pounds of
                            tobacco which to him he oweth and unjustly
                            deteineth.
                   And whereupon the Said Randolph by John Rousby his Attorny
                 Saith That whereas the Said George upon the fiftenth day of August
                 in the yeare of Our Lord 1670 by his certaine bill Obligatory Sealed
                 with the Seale of the Said George and herein Court produced whose
                 date is the Same day and yeare did bind himself e his heirs executors
                 and admrs to pay or cause to be paid unto the Said Randall his heirs
                 executrs administratrs assignes or lawfull Attorny the Summe and
                 just quantity of fourteene hundred and One pounds of good Sound
                 merchantable tobacco and caske upon demand at or before the tenth
                 day of October then next ensueing which said Sume of fourteene
                 hundred and One pounds of tobacco the Said George although often
                 demanded hath not hitherto paid or Satisfied according to the Said
                 bill but the same to him the said Randall to pay or Satisfie hath
                 denyed & doth Still deny and refuse whereupon he Saith he is damp
                 nified and hath losse to the value of two thousand pounds of tobacco
                 and thereupon he bringeth his Suite.
                   And the Said George by Robert Carvile his Attorny Cometh
                 and defendeth the force and injury when &c and prayeth liberty
                 of Speakeing hereunto untill next Provinciall Court and the same
                 day is given to both parties.
                   Now here at this day to witt the Sixtenth day of October in the
                 43th yeare of his Loppes Dominion &c Came the said Randall Revell
                 by John Rousby his Attorny and the said George Johnson by Robert
                 Carvile his Attorney and the said George Saith that Since the Seale
                 ing of the Said bill he the Said George hath paid to the said Randall
                 in part of the said fourteen hundred and One pounds of tobacco the
                 summe of two hundred fifty Seaven pounds of tobacco but as to
                 eleaven hundred forty foure pounds of tobacco residue of the said
             p. 241 Summe of fourteene hundred and One pounds of tobacco he Saith
                 nothing in barre of the Said action of the aforesaid Randall by
                 which the Said Randall remaineth against the said George thereupon
                 undefended