638  Provincial Court Proceedings, 1675.



         Liber M M   of the Said writeing but hath and doth altogether refuse to per forme
                 the Same Whereupon the said Mathew Saith he is dampnified and
                 hath losse to the Value of tenn thousand pounds of tobacco and
                 thereupon he bringeth his Suite.
                   Now here at this day to witt the twentith day of November in
                 the 44th yeare of the Dominion of Caecilius &c Annoq Doth One
                 thousand six hundred Seventy five came the said Arthur in his
                 proper person and Saith nothing in barr or avoidance of the action
                 aforesaid of him the said Mathew for that he oweth the said Mathew
                 the said Summe of twenty thousand pounds of tobacco in such man
                 ner as the said Mathew hath above declared against him therefore
                 it is considered by the Court here that the said Mathew recover
                 against the estate of the said Thomas the said Summe of twenty
                 thousand pounds of tobacco with costs of Suite.

                   Costs allowed the plaintiff five hundred twenty eight pounds of
                 tobacco.

            p. 614 Garrett Vansweringen Wm Harris late of St Maries County other
                     agt wise called William Harris of the County
             William Harris     of St Maries in the Province of Maryland
                                was Sumoned to answer unto Garrett Van
                                sweningen in a plea that he render unto him
                                the summe of Seaven hundred & nineteen
                                hundred pounds of tobacco which to him he
                                oweth & unjustly deteineth &c
                   And whereupon the Said Garrett by Kenelm Cheseldyn his At
                 torny Saith that whereas the Said William the ninetenth day of
                 April 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 wm here in Court produced whose date is the same
                 day and yeare abovewritten was holden & firmly bounden unto him
                 the said Garrett in the full quantity of Seaven hundred & nineteen
                 pounds of good Sound merchantable tobacco in caske being for a
                 valuable consideration already received to be paid unto him the said
                 Garrett or to his certaine Attorny his heirs executors admrs or
                 assignes Convenient in the County aforesaid at or before the tenth
                 day of October next ensueing the date hereof Notwithstanding which
                 the said Wm the aforesaid Summe of Seaven hundred & nineteen
                 pounds of tobacco to him the said Garrett according to his said
                 writeing Obligatory hath not paid but the same to pay hath altogether
                 denyed & still doth deny whereupon he Saith he is dampnified & hath
                 losse to the value of fourteene huundred pounds of tobacco & there
                 upon he bringeth his Suite.
                   Now here as this day to witt the three & twentith day of Novem
                 ber in the 44th yeare of the Dominion of Caeci!ius &c Annoq Dom