328  Provincial Court Proceedings, 1674.




         Liber M M  torny Saith that whereas the Said John Russell the fourth day of
                 May in the yeare of Our Lord God One thousand Six hundred
             p.245  Seventy & two by his certaine writeing Obligatory Sealed with the
                 Seale of the said John and here in Court produced whose date is the
                 day and yeare first abovewritten was held and firmly bound to
                 Walter Carr of Ann Arrundell County planter in eighteene thousand
                 and twenty pounds of good sound well conditioned merchantable
                 tobacco and caske to conteine the same To be paid to the Said Water
                 Carr or to his certaine Attorny his executors admrs or assignes To
                 wch payment well and truly to be made and done he the said John
                 did bind himselfe his executors and administrators firmly by those
                 presents Notwithstanding which the Said John the Said eighteene
                 thousand and twenty pounds of tobacco to the said Walter though
                 often thereunto required hath not paid according to the tenor of the
                 Said writeing but the same to pay hath refused and as yet doth refuse
                 whereof the Said Walter Saith he is worse and hath damage to the
                 value of twenty thousand pounds of tobacco & thereupon he bringeth
                 his Suite.
                  And the aforesaid John by Thomas Bland his Attorny doth come
                 and defend the force and and injury when &c. and prayeth heareing
                 of the writeing aforesaid and it is read unto him he prayeth also the
                 heareing of the Condition of the Said writeing aforesaid and it is
                 read unto him in these words The Condition of this Obligation is
                 Such That if the abovebounden John Russell his heirs executors
                 admrs and assignes or any of them shall and doe well and truly pay
                 or cause to be well and truly paid unto the abovenamed Walter Carr
                 or to his certaine Attorny his executors admrs and assignes the full
                 and just quantity of nine thousand and ten pounds of good Sound
                 well conditioned merchantable leafe tobacco in caske upon the tenth
                 day of November now next ensueing the date abovewritten in some
                 convenient place upon the Cli fts abovesaid without any fraud or
                 further delay that then this present abovewritten Obligation shall
                 be void and of none effect otherwise to stand and remaine in full
                 force Strenght and Virtue, which being read and heard the Said
                 John prayeth liberty of Speakeing hereunto untill the next Provin
                 ciall Court and it is granted him the same day is given to both parties.
                  Now here at this day to witt the 14th day of October in the 43th
                 yeare of his Lopps Dominion &c Came the said Walter and John
                 by their Attornyes and the Said John Saith Nothing in barr of the
                 action aforesaid of him the Said Walter Therefore it is considered
                 by the Court here that the said Walter Carr recover against the said
                 John Russell aswell the Sume of nine thousand and ten pounds of
                 tobacco the debt aforesaid as also the sume of Seven hundred fifty
                 nine pounds of tobacco for his costs and charges in this behalfe
                 laid Out. and the said John in mercy &c.