Provincial Court Proceedings, 1676.     413

        their Guardian Since the death of the said Thomas Howell did never Liber N N
        make Knowne to them the said Johanna & George what the half e of
        the costs charges payment or payments of mony or tobacco the said
        Thomas Howell had bin at, or which had been Ordered agreed
        awarded or determined according to the forme & effect of the said
        Condition of the said writeing or bond Obligatory for want of which
        no action can accrue & this they are ready to averr, whereupon they
        pray judgment if they the said John & Nathaniel by Philemon Loyd
        their Guardian Ought to have their action.
         And the said John and Nathaniel Say the Said action Ought not
        to be barred because they Say George & Johanna have not performed
        the Condition of the said Obligacon and have had notice of the costs
        charges & damages the said Thomas Howell had paid & susteined &
        of this they putt themselves on the Country and the defendants
        likewise Therefore it is comanded the Sheriff of st Maries County
        that he cause to come here twelve &c. by whom &c who neither &c
        to recognize &c because aswell &c Afterwards to witt the seaven &
        twentith day of April in the yeare of Our Lord One thousand Six
        hundred Seventy seaven came the parties aforesaid by their said
        Attornyes & the jurors of that jury came likewise to witt Edward
        Inglish Thomas Spinke Marmaduke Semme Samuel Raspin Thomas
        Russell Ninian Beale John Darby John Barnes John Waghob John
        Hyland ffrancis Swinfen & James Rumsey who being impannelled
        Suthoned & Sworne to say the truth in the premisses upon their
        Oathes doe say Wee find for the plaintiffs due on the bond forty
        seaven thousand nine hundred eighty One pounds of tobacco for
        damages five thousand pounds of tobacco with costs of suite Where-
        upon it is granted by the Court here the eight & twentith day of
        April in the yeare aforesaid That the said John Howell & Nathaniel
        Howell recover against the said George Wells and Johanna Gold-
        smith aswell the summe of forty seaven thousand nine hundred
        eighty One pounds of tobacco the remainder of the debt aforesaid
        together with five thousand pounds of tobacco damages by Occasion
        of the unjust deteineing of the said debt as also the summe of eleaven
        hundred & fifty pounds of tobacco costs of suite And the said George
        and Johanna in mercy.

        Moyes Executrs
            agt
        Morgan Jones admr
         Jno Harrington
        Robert Harper
         agt
        the same
        James Holland & Partners
            agt           these five causes discontinued.
    Thomas Overton