454 Provincial Court Proceedings, 1674/5.




          Liber M M  to the which payment well and truly to be made and done he did
                  bind himselfe his heirs executors and administrators and assignes
                  firmly by those presents. Notwithstanding which the said Thomas
                  Doxey the said summe of foure thousand pounds of tobacco accord
                  ing to his said writeing Obligatory though often thereunto required
                  hath not paid to the said Joseph in his life time nor to the said George
                  Marshall since his death to whom administration of all and singular
                  the Goods and Chattells which were the said Joseph at the time of
                  his death since his death hath been committed hath not paid though
                  often required but the same to pay hitherto hath and still doth deny
                  to the damage of the said George the summe of Six thousand pounds
                  of tobacco and thereupon he bringeth his suite.
                   And the said George bringeth here into Court the Letters of
                  Administration to him granted of all and singular the Goods and
                  Chattells which were the said Josephs at the time of his death that
                  it may appeare to the Court here that he is administrator of the
                  said Joseph and thereupon to have Administration.
                   And the aforesaid Thomas Doxey by Robert Ridgely his Attorny
               cometh and defendeth the force and injury when &c and the said
                  Thomas Saith that the writeing Obligatory above mentioned is not
                  his Deed and this he is ready to averre whereupon he demands judg
                  ment if the said George his accön aforesaid against him Ought to
                  have.
                   And the Said George Marshall Saith that he the said George
                  Ought not to be debarred from haveing his action aforesaid because
                  he saith that the said writeing Obligatory in the declaration above
                  mencönd is the act and deed of the said Joseph and this prayeth
                  may be enquired of by the Country and the said Thomas likewise.
                   Now here at this day to wit the tenth day of ffebruary in the
                  43th yeare of the Dominion of Caecilius &c Annoq Doth thousand
                  six hundred Seventy foure came the said George Marshall by his
                  Attorny aforesaid and Offered himselfe against the said Thomas in
                  the plea. aforesaid and the said Thomas by his Attorny came like
                  wise and the Said Thomas Saith Nothing in barre or avoidance
                  of the action aforesaid of him the said George whereupon the said
                  George remaineth against the said Thomas thereupon undefended
                  therefore it is considered of by the Court here that the said George
                  recover against the said Thomas the debt aforesaid as also the
                  summe of five hundred eighty two pounds of tobacco for his costs
                  and charges in this behalf e laid Out and expended and the said
                  Thomas in mercy.
                   I Thomas Doxey of St Maries County planter doe hereby authorize
                  impower and appoint Robert Ridgely One of the Attornyes of the
                  Provinciall Court to appear for me at the suite of George Marshall
                  admr of Joseph Brough deceased in an action of debt for foure
                  thousand pounds of tobacco and to plead such plea as to him shall