Provincial Court Proceedings, 1674.     375

      the aforesaid Mary at the time of her death and that he hath no Liber M M
      goods or Chattells which were the aforesaid Mary at the time of her
      death in his hands to be administred nor had the day the issueing
      forth the Originall writt of him the Said Charles nor at any time
      after and this he is ready to averre whereupon he demands judg
      ment if the aforesaid Charles ought thereupon to have his action
      aforesaid against him.
        And the aforesaid Charles Saith that he Ought not to be debarred
      has action aforesaid because he Saith that the aforesaid Tobias Wells
      hath not fully administred all and Singular the goods and Chattells
      which were the aforesaid Mary at the time of her death in his
      hands to be administred and were at the day of the issueing forth
      of the Originall writt of him the Said Charles and Still is and this
      he prayeth may be enquired of by the Country.
        Now here at this day came the Said Charles by Kenelm Cheseldyn
      his Attorny and the Said Tobias likewise came and Saith nothing in
      barr of the action aforesaid of him the Said Charles therefore it is
      considered by the Court here that the Said Charles recover against
      the Said Tobias the said Summe of One thousand pounds of tobacco
      but So as execution cease untill assetts come to his hands of the
      estate of the Said Mary Pyne deceased.

      John Balley Richard Bayly of the County of Calvert Inholder
         agt was Summoned to answer unto John Balley of the
    Richard Bayly    County of St Maries in a plea that he render unto
                him five thousand Six hundred and thirty pounds of
                tobacco which he oweth and unjustly dctcincth

        And whereupon the said John Balley by George Old feild his At
      torny Saith that whereas the Said Richard Bayly upon the tenth day
      of July One thousand Six hundred Seventy foure and in the three
      and fortith yeare of the Dominion of Caecilius &c by his certaine bill
      Obligatory Sealed with the Seale of him the Said Richard Bayly
      beareing date as abovesaid and here in Court produced did bind him
      selfe his heirs executors and administrators to pay unto the Said
      John Balley his heirs executors administrators or assignes the just
      and full Summe of five thousand Six hundred and thirty pounds of
      tobacco good Sound and merchantable according to Act of Assembly
      to be paid upon demand in Some convenient place in the River of
      Petuxent which said Summe of five thousand Six hundred and
      thirty pounds of tobacco and caske he the Said Richard hath not
      paid though often thereunto required and the Same to pay doth Still
      altogether refuse whereupon the Said John Bailey Saith he is damp- p. 284
      nified and losse hath to the value of eight thousand pounds of
      tobacco and thereupon he bringeth his Suite.
        And the Said Richard by Kenelm Cheseldyn his Attorny cometh
      and defendeth the force and injury when &c and prayeth liberty of