Provincial Court Proceedings, 1673.   93




     aforesayd sume of 12000 l Tob to the aforestt Richard hath not as Liber M M
     yet payd but the same to him to pay doth Deny and Refuse, where
     upon the said Richard saith he is Damnifyed, and hath losse to the
     vallue of 14000 l of Tobacco and thereupon he bringeth his suite.
     • And the aforesayd Henry by Vincent Lowe his Attorney cometh
     & Defendeth the force & injury aforesayd when &c and Desireth hear
     ing of the said writing and to him it is Read, he Desireth also the
     hearing of the Condicion of the said writing, and to him that is
     read in these words. The Condicion of this obligation is such that
     if the above bound Henry Mitchell his heires Executors Admrs or
     assignes to give unto Mr Ladd a firme bill of sale for foure hundred
     Acres of Land lying Chester River formerly called Smiths Pointe
     to him and his heirs forever, as the Law inthis Country can afforde,
     or as the Learned in Law can advise, and to Cleare the Lords Rent
     to this day, for a valluable Consideration the said Henry Mitchell
     hath Received then this obligation to be voyd and of no Effect other
     wise to stand in full force power and vertu, which words being
     heard and Read the said Henry Mitchell saith that he alwayes was
     and still is ready to pforme the Condition of the said obligation,
     and to make to the said Mr Ladd a firme bill of sale for the said
     foure hundred acres of Land lyeing in Chester River formerly Called
     Smiths pointe to him and his heires forever as the Law in this
     Country can afforde or as the Learned in Law can advise, and to
     Cleare the Lords Rent to the day of the Date of the said obligation
     according to the Tenor of the Condition of the said obligation when
     thereunto required by the said Mr Ladd.
        And the aforesayd Richard Ladd saith that he by any thing before
     alledged ought not to be Debarred from having his accOn afore
     sayd because he sayes that the aforesayd Henry Mitchell did not
     make to the said Richard Ladd a firme bill of sale for the aforesayd p. 30
     foure hundred acres of Land lyeing in Chester River formerly called
     Smiths pointe and did not Cleare the Lords Rent to the day of the
     date of the said obligation, according to the Tenour forme and Effect
     of the Condicion of the said obligation at the aforesayd Henry hath
     above alledged and this he prayes may be inquired of by the Country
     and the said Henry likewise.
        Therefore comand is given to the Sheriff of St Maryes County
     that he cause to Come here at St Maryes before the Justices of
     ye next Provincial Court the 8th day of Aprill next being the first
     day of the same Court Twelve &c by whom &c who neither &c
     because aswell &c to Recognize &c and the same day is given to
     both ptyes.
        At which day that is to say the 8th day of Aprill in the 41th yeare
     of the Dominion of Caecilius &c Annoq Domini 1673. Came aswell
     the said Richard Ladd by Robert Carvile his Attorney as the said
     Henry Mitchell by Vincent Lowe his Attorney and the Jurors of