480 Provincial Court Proceedings, 1674/5.




           Liber M M  said John Lyeing at the plantation of James Neale in Charles County
                   with the markes and numbers & weighing neate two thousand nine
                   hundred eighty foure pounds of tobacco in discharge and full satis
                   faction for the said debt, but he refused to receive the same & he did
                   also the same day deliver unto Mr Cheseldyn the plaintiffs Attorny
                   the same note for the same tobacco So weighing as aforesaid in full
                   Satisfaction for the said debt of two thousand seven hundred eighty
                   pounds of tobacco. All which he is ready to averre and humbly
                   demands judgment if the said Marke his action aforesaid ought
                   to have against him &c.
               p. 470 And the said Marke saith that he the said Marke Ought not to be
                   debarred from haveing his Action aforesaid against him the said
                   John for that he Saith that the said John Bailey did never make any
                   legall tender of the said two thousand seven hundred and eighty
                   pounds of tobacco before the said arrest nor ever since and of this
                   he prayeth may be enquired of by the Country & the defendant like
                   wise therefore Comand is given to the Sheriff of St Maries County
                   that he cause to come here twelve &c by whom &c who neither &c
                   because aswell &c to recognize &c.
                    Now here at this day to wit the eleventh day of ffebruary in the
                      yeare of the Dominion of Caccilius &c came the said Marke by
                   his Attorny and the said John by his Attorny and the jurors of that
                   jury came likewise to wit Roger Baker Thomas Bowdle John Burage
                   John Garnish James Veitch Justinian Gerard John Gittings Cornelius
                   Watkinson Wm Watts Walter Hall Robert Proctor & Robert Large
                   who being impannelled Sumöned and Sworne to Say the truth in
                   the premisses upon their Oathes doe say They find for the plaintiff
                   Therefore it is considered by the Court here that the said Mark
                   recover against the said John Bailey the said sume of two thousand
                   Seven hundred & eighty pounds of tobbacco for his damages occa
                   sioned by the trespas aforesaid as also the summe of nine hundred
                   fifty Six pounds of tobacco for his costs and charges in this behalfe
                   laid Out and expended, and the said John in mercy.

                                Job Corner
                                    agt
                   Robert Ingoldsby.
                   Thomas Price
                                    agt
                   Thomas Stanbridge
                   Timothy Lindall
                                    agt
                                Edward Roe
                   Timothy Lindall & Compa
                                    agt
                                Edward Roe