Provincial Court Proceedings, 1676.     201

        of his Lordpps Dominion &c Annoq Doni One Thousand six hun- Liber N N
        dred Seaventy six came the said Randolph Brandt by his Attorney
        aforesaid And the said John Quigley by his Attorney came like-
        wise And the said Randolph Brandt saith that the aforesaid John
        Quigley his Accön aforesaid against him ought not to have because
        he saith that no Award or Arbitrament according to the tenor of the
        CondicOn of the said Writing Obligatory hath been made & pub-
        lished, and therefore demands Judgemt of this Court if the said John
        Quigley his Accön aforesaid against him can maintaine, & the plain-
        tiffe likewise And the said John Cane by his Attorney aforesaid
        saith, that the aforesaid John Quigley his Accön aforesaid against
        him ought not to have, because he saith that noe Award or Arbitramt
        according to the tenour of the Condicoñ of the said Writing Obliga-
        tory hath been made & published And therefore demands Judgemt
        of this Court if the said John Quigley his Accön aforesaid against
        him can maintaine & the plaintiffe also—Whereupon itt is Consid-
        ered by the Court here that the said John Quigley his Action afore-
        said against them the said Randolph Brandt & John Cane ought not
        to have Therefore itt is granted by the Court here that the said
        Randolph Brandt & John Cane Recover against the said John Quigley
        the Sume of Seaven hundred thirty foure pounds of tobacco for
        their Costs & Charges in this behalf e laid out & Expended And the
        said John Quigley in mercy for his false clamour

        Benony Eaton Nicholas Haggett late of Talbott County other-
            agt wise called Nicholas Haggett of Talbott County
      Nicholas Haggett in the Province of Maryland Planter was Sufñ-
                     oned to Answer unto Benony Eaton Marrinr in
        a plea that he Render unto him the Sume of One Thousand pounds
        of tobacco which to him he owes & unjustly detaines &c
          And whereupon the said Benony by John Rousby his Attorney
        saith That whereas the said Nicholas the tenth day of June in the
        yeare of our Lord One Thousand six hundred Seaventy foure by
        his certaine Bill Obligatory Sealed with the Seale of the said Nicholas
        here in Court brought whose date is the day & yeare aforesaid did
        binde himselfe his heyres Execrs Adrs & Assignes well & truely to
        pay or cause to be paid unto the said Benony Eaton his heyres or
        Assignes the full & just Sume of One Thousand pounds of good
        sound Wchantable tobacco in Caske (according to Act of Assembly)
        to be paid att his the said Nicholas his owne PlantaeOn in Tredhaven
        in the County aforesaid att or upon the tenth of October then next
        Ensueing the date of the said Bill Notwithstanding which the said
        Nicholas the said One Thousand pounds of tobacco according to
        the tenour of the said Bill to the said Benony though often there-
        unto required hath not paid, but the same to him to pay hitherto
        hath denyed & as yett doth deny & refuse to the damage of the said