374        Provincial Court Proceedings, 1676.

          Liber N N   appurtennes have & that the said John Currer satisfie & pay to the
                  said Thomas Marsh the summe of eight hundred sixty foure pounds
                  of tobacco for his costs & charges in this behalfe laid Out & expended

                  James Rumsey & Uxr admrx Comand was given to the Sheriff of
                   John Bigger st Maries County that he take Richard
                  agt ffountaine late of his County otherwise
                  Richard ffountaine called Richard ffountaine of Petuxent
                   River in the County of Calvert Car
                  penter if &c So that he have his body here the eight & twentith day
                  of November 1676 to answer unto James Rumsey & Ann his wife
                  administratrix of the goods & Chattells of John Bigger deceased
                  of a plea that he render unto them the full & just Summe of two
                  thousand & eight pounds of good sound merchantable tobacco & caske
                  which from them he unjustly deteineth.
                   Att which said eighth & twentith day of November the same
                  Sheriff maketh returne of the writt aforesaid that the Said Richard
                  ffountaine is not found in his Bayliwick whereupon the plaintiffs by
                  Robert Ridgely their Attorny prayed his Lopps writ of attachment
                  to them to be granted according to the Act of Assembly in such case
                  made and provided and it is granted unto them.

                  Wm Thomas     Marmaduke Semme late of St Maries County
                      agt planter otherwise called Marmaduke Semme of
               Marmaduke Semme the County of st Maries in the Province of
                               Maryland Inholder was Suthoned to answer
                  unto Wm Thomas of a plea that he render unto him the full quantity
                  of three thousand pounds of good Sound merchantable tobacco &
                  casque which to him he oweth & unjustly deteineth.
                   And whereupon the Said William Thomas by Robert Ridgely his
                  Attorny Saith that whereas the said Marmaduke the first day of
                  April 1675 by his certaine bill Obligatory Sealed with the Seale
                  of the Said Marmaduke and here in Court produced whose date is
                  the day and yeare aforesaid did acknowledge himselfe to be justly
                  indebted unto William Thomas of the aforesaid County and Prov-
                  ince Planter in the full quantity of three thousand pounds of good
                  Sound merchantable tobacco in caske for a valuable consideration
                  in hand already received to be paid unto the said Wm Thomas or to
                  his certaine Attorny his heirs executrs admrs or assignes at or before
                  the tenth day of October next ensueing the date of the same bill
                  Obligatory in some convenient place in st Maries County To the
                  which payment well & truly to be made the said Marmaduke did bind
                  himselfe his heirs executrs & admrs firmly by those presents Yet the
                  said Marmaduke the said three thousand pounds of tobacco accord-
                  ing to the tenor of the said bill Obligatory though often thereunto
                  required hath not paid but the same to pay to the said Wm hath