330  Provincial Court Proceedings, 1674.




        Liber M M   debt aforesaid as also the Summe of five hundred Sixty Seaven
                pounds of tobacco for his costs and charges in this behalfe laid Out.

                Daniel Jenifer John Pott late of Calvert County otherwise called
                  agt John Pott of the County of Calvert was Sumoned to
              John Pott   answer unto Daniel Jenifer Gent of a plea that he
                          render unto him the sume of Seaven hundred forty
                          two pounds of tobacco which to him he Oweth and
                          unjustly deteineth
                  And whereupon the Said Daniel by Robert Carvile his Attorny
                Saith that whereas the said John upon the 15th day of December
                in the 36th yeare of the Dominion & Caecilius &c Annoq Dom 1668
                by hi3 certaine writeing Obligatory Sealed with the Seale of him the
                said John & here in Court produced whose date is the day and yeare
                aforesaid did confesse and acknowledge himself e holden & firmly
                bounden to the Said Daniel in the full and just Summe or quantity
                of 742 l pounds of good Sound merchantable tobacco in caske being
                for accomodations received at his house to be paid to the said Danie!
                upon demand Yet the said John the said Summe of 742 l tob to him
                the said Daniel according to the Said writeing Obligatory though
                thereunto often requested hath not hitherto paid but the same as
                yet to pay doth deny and refuse to the damage of the said Daniel
                1200 1 tob and thereupon he bringeth his Suite.
                  And the Said John Pott by Thomas Bland his Attorny doth come
                & defend the force and injury when &c and prayeth liberty of Speake
                ing hereunto untill next Provinciall Court and it is granted him the
                Same day is given to both parties.
            p.247 Now here at this day to witt the Sixtenth day of October in the 43th
                yeare of the Dominion of Caecilius &c came the Said Daniel by
                Robert Carvile his Attorny and offered himselfe against the said
                John in the plea aforesaid but the Said John came not but made
                default. Therefore it is considered by the Court here that the Said
                Daniel Jenifer recover against the said John Pott aswell the Summe
                of Seaven hundred forty two pounds of tobacco the debt aforesaid
                as also the sume of five hundred Sixty Seaven pounds of tobacco for
                his costs and charges in that behal fe laid Out and expended and the
                Said John in mercy.

                Benjamin Rozer Thomas Witter late of Charles County Planter
                    agt was attached to answer unto Benjamin Rozer Gent
              Thomas Witter One of the Attornyes of the Provinciall Court ac
                            cording to the liberties and privi!edges &c used and
                            allowed of a plea wherefore by force and armes
                            the close and tobacco house of him the said Ben
                jamin at Portobacco in Charles County aforesaid he did breake and
                two hogesheads of tobacco in the Said Tobacco house lyeing of the