422  Provincial Court Proceedings, 1674.




       Liber M M            pounds of tobacco which to him he oweth and un
                            justly deteineth.
                   And whereupon the said John Quigley by Kenelm Cheseldyn his
                 Attorny Saith that whereas the said George Brewer the 29th day of
                 June in the yeare 1671 by his certaine writeing Obligatory Sealed
                 with the seale of the Said George here in Court produced whose
                 date is the day and yeare abovewritten did acknowledge himself e
                 holden and firmly bounden unto John Quigley of Virginia merchant
                 the full quantity of foure thousand foure hundred pounds of good
                 Sound merchantable tobacco in caske to be paid unto the said John
                 or to his certaine Attorny his executors administrators or assignes
                 To the which payment well and truly to be made he did bind himselfe
                 his heirs executors and administrators firmly by those presents Not
                 withstanding which the said George Brewer the Said sume of foure
                 thousand foure hundred pounds of tobacco according to the tenor
                 of his aforesaid writeing Obligatory hath not paid though often
                 thereunto required but the same to pay hitherto hath and still doth
                 deny to the damage of the said John Quigley Six thousand pounds
                 of tobacco And thereupon he brings his Suite.
                   And the said George Brewer in hig proper person in the Custody
                 of the said Sheriff cometh and defendeth the force and injury when
                 &c and prayeth heareing of the writeing aforesaid and it is read unto
                 him he prayeth also heareing of the condition of the said writeing
                 and it is read unto him in these words Vizt The Condition of this
                 Obligation is Such that if the abovebound George Brewer Or Rich
                 ard Broome their or either of their heirs executors or assignes or
                 either of them doe pay or cause to be paid to the said John Quigley
                 his heirs executors administrators or assignes the full quantity of
                 two thousand two hundred pounds of good sound merchantable
                 tobacco in caske in manner & forme following that is to say twelve
                 hundred pounds part of the said two & twenty hundred pounds of
                 tobacco on or upon the tenth day of October next ensueing the date
                 thereof at or upon the plantation now in the Occupation of them the
                 said George and Richard called Newtowne Mill scituate in the
                 County aforesd and One thousand pounds of tobacco more the
                 remainder of the said two and twenty hundred pounds of tobacco On
                 or upon the tenth day of October which will be in the yeare One
                 thousand six hundred Seventy two at New-Towne Mill aforesaid
                 That then this Obligation to be void or else to stand in force, which
                 being read and heard the said George Saith nothing in barre of the
                 action aforesaid of him the said John Quigley but that he oweth
                 unto the said John the said sume of two thousand two hundred
             p. 423  pounds of tobacco Therefore it is considered off by the Court here
                 that the said John Quigley recover against the said George Brewer
                 the said summe of two thousand two hundred pounds of tobacco the
                 debt aforesaid as also the summe of pounds of