636  Provincial Court Proceedings, 1675.




         Liber M M  sand Six hundred Seventy five came the said Thomas by his Attorny
                 aforesaid and offered himselfe against the said Benja in the plea
                 aforesaid and the said Benjamin by his Attorny came likewise and
                 the said Benjamin Saith nothing in barre or avoidance of the action
                 aforesaid of him the said Thomas whereupon the Said Thomas
                 remaineth against the said Benjamin thereupon undefended Where
                 fore it is considered by the Court here that the Said Thomas Hussey
                 recover against the estate of the said Joseph aswell the summe of
                 three thousand three hundred pounds of tobacco damages occasioned
                 by the trespas aforesaid as also the Summe of five hundred eighty
                 foure pounds of tobacco costs of Suite But So as Execution thereof
                 cease untill the Governour be Satisfied Out of the Said estate the
                 summe of Sixty Seaven pounds Sterling.

                Hugh Hopewell Charles Delaroch late of St Maries Citty Inholder
                     agt otherwise called Charles Delaroch of St Johns
              Charles Delaroch     Inholder was summoned to answer unto Hugh
                            Hopewell of a plea that he render unto him the
                            full quantity of fifteene hundred and eighty
             p. 612 pounds of good Sound tobacco well Conditioned well packed which
                 to him he oweth & unjustly deteineth
                  And whereupon the said Hugh Hopewell by Robert Ridgely his
                 Attorny Saith that whereas the said Charles Delaroch the 30th day
                 of October in the yeare of Our Lord One thousand six hundred
                 Seventy three by his certaine writeing Obligatory Sealed with the
                 Seale of him the said Charles and here in Court produced whose date
                 is the day and yeare aforesaid did acknowledge himselfe to be bound
                 & firmly obliged unto the said Hugh in the full quantity of fifteene
                 hundred and eighty pounds of good Sound tobacco well conditioned
                 and well packed in caske To which payment well & truly to be per
                 formd the Said Charles did oblige himself e his executors & admrs
                 firmly by those presents Yet the said Charles Delaroch the said
                 Summe of fifteen hundred & eighty pounds of tobacco to him the
                 said Hugh according to the tenor of the Said writeing Obligatory
                 hath not paid though often thereunto required but the same to him
                 to pay hath denyed and as yet doth deny whereupon the said Hugh
                 Saith he is dampnified and hath losse to the value of foure hun
                 dred pounds of tobacco And thereupon he bringeth his suite.
                  And the said Charles in his proper person cometh & defendeth
                 the force and injury when &c and prayeth the hearing of the Said
                 writeing Obligatory and it is read unto him he also prayeth the
                 hearing of the Condition of the Said writing Obligatory and it is
                 read unto him in these words The Condition of this Obligation is
                 Such that if the abovebound Charles Delaroch his executors admrs
                 or assignes doe well & truly pay or cause to be paid unto the said
                 Hugh Hopewell his executors admts or assignes the full and just
                 quantity of eleaven hundred & eighty pounds of good Sound mer