366  Provincial Court Proceedings, 1674.




      Liber M M                  sweringen of a plea that he render unto him
                                 the Sume of nine hundred pounds of tobacco
                                 in caske which to him he oweth and unjustly
                                 deteineth &c.
                   And whereupon the Said Garrett Vansweringen by Keneim Ches
                  eldyn his Attorny Saith that whereas the Said Curtis ifietcher the
                  eight and twentith day of June in the yeare of Our Lord One thou
                  sand Six hundred Seventy three by his certaine writeing Obligatory
                  Sealed with the Seale of the Said Curtis and here in Court pro
                  duced whose date is the day and yeare abovesaid did acknowledge
                  himselfe to be holden and firmly bounden into the Said Garrett
                  Vansweringen of the County of St Maries in the province afore
                  said in the full quantity of nine hundred pounds of good sound
                  merchantable tobacco in caske being for a Valuable consideration
                  already received to be paid to the said Garrett Vansweringen or
                  to his certaine Attorny his heirs executors administrators or as
                  signes convenient in the County aforesaid at or upon the tenth day
                  of October then next ensueing to the wch payment well and truly to
                  be made he did bind himselfe his heirs executors and admrs firmly
                  by those presents Notwithstanding which the Said Curtis ifietcher
                  the Said Sume of nine hundred pounds of tobacco and caske though
                  often thereunto required according to the tenor of his Said writeing
                  obligatory to him the Said Garrett Vansweringen hath not paid but
                  the Same to pay hitherto hath and Still doth deny whereupon the
                  Said Garrett Vansweringen Saith he is dampnified and hath losse to
                  the value of fifteen hundred pounds of tobacco & thereupon he
                  bringeth his Suite.
                   And the Said Curtis ffletcher in his proper person cometh into
                  Court here and Saith nothing in barr or avoidance of the action
                  aforesaid of him the Said Garrett Vansweringen by which the Said
                  Garrett remaineth against the Said Curties thereupon undefended
                  Therefore it is considered by the Court here that the Said Garrett
                  Vansweringen recover against the Said Curtis ifietcher aswell his
                  debt of nine hundred pounds of tobacco in caske as also the sume
                  of pounds of tobacco for his costs and charges in
                  that behalf e laid Out and expended and the Said Curtis in mercy.

                  Richard Smith William Worgan late of Dorchester County other
                     agt wise called William Worgaine of Dorchester County
                Wm Worgan   in the Province of Maryland Inholder was Sumoned
                            to answer unto Richard Smith in a plea that he
                            render unto him the Sume of Six thousand five hun
                            dred pounds of tobacco which to him he oweth and
                            unjustly deteineth &c.
              p. 277 And whereupon the Said Richard by Kenelm Cheseldyn Saith that
                  whereas the Said William Worgan the fiftenth day of January