348       Provincial Court Proceedings, 1676.

            Liber N N  tame bond or writeing Obligatory Sealed with the Seale of him
                   the Said Charles & here in Court produced whose date is the day
                   & yeare abovesaid did confesse himselfe to be holden and firmly
                   bounden unto the said John Quigley in the full & just summe or
                   quantity of twenty foure thousand eight hundred forty two pounds
                   of good Sound merchantable tobacco & caske to be paid to the said
                   John Quigley or to his certaine Attorny his heirs executors admrs
                   or assignes To which payment well & truly to be made he did bind
                   himselfe his heirs executors & administrators, Yet notwithstanding
                   the said Charles Delaroch in his life time nor the Said Elizabeth
                   Since his death the said summe of twenty foure thousand eight
                   hundred forty two pounds of tobacco to him the said John accord-
                   ing to the said writeing Obligatory hath not paid but the same hath
                   hitherto altogether denyed & refused to pay or Satisffie & Still doth
                   deny to pay the Same to the damage of the said John thirty thou-
                   sand pounds of tobacco & thereupon he bringeth his Suite.
                    And the Said Elizabeth by Robert Ridgely her Attorny cometh
                   and defendeth the force and injury when &c & prayeth the heareing
                   of the Said writeing Obligatory and it is read unto her he also pray-
                   eth heareing of the condition of the Said writeing Obligatory and
                   it is read unto her in these words The Condition of this Obligation
                   is Such that if the above bound Charles Delaroch his heirs executors
                   admrs or assignes or any of them shall pay or cause to be paid to
                   the within named John Quigley or to his certaine Attorny his heirs
                   executrs & admrs or either of them the full & just summe or quantity
                   of twelve thousand foure hundred twenty One pounds of like good
                   Sound & merchantable tobacco & caske for a valuable consideration
                   received in hand to be paid to the said John Quigley as aforesaid
                   at or before the tenth day of October next ensueing the date hereof
                   in some convenient place in Talbott Kent and St Maries Countyes
                   near the waterside then this Obligation to be void & of none effect or
                   else to stand & remaine in full power force & virtue.
                    Which being read & heard the Said Elizabeth Saith that the said
                   John his action aforesaid against the said Elizabeth upon the write-
                   ing Obligatory aforesaid cannot mainteine because she Saith that
                   the Said writeing Obligatory is not the deed of the Said Charles
                   Delaroch deceased & this she is ready to averr & therefore demands
                   judgment if the said John his action aforesaid against her as execu-
                   trix of the said Charles ought to have.
                    And the said John saith he ought not to be barred of his action
                   aforesaid because he saith the writeing aforesaid is the Act & deed
                   of the said Charles Delaroch decd and of this he prayes may be en-
                   quired of by the Country and the said Elizabeth likewise whereupon
                   it is Comanded the Sheriff of st Maries County that he cause to
                   come here to wit at st Maries the fifth day of December Anno 1676
                   twelve &c by whom &c who neither &c to recognize &c because as-