62        Provincial Court Proceedings, 1675.

         Liber N N James Neale
         agt the plts Attorny moves for a new Elegit & it is granted
         unto him by the Court here.
                   Wm Russell

               p. 39 Wm Donning  John Barnes executor of the Last will & Testa-
                      agt ment of Walter Waterling late of the County
                   John Barnes executr of st Maries deceased was Summoned to
                    Walter Waterling answer unto William Donning of the Citty of
                                 Bristoll merchant of a plea that he render
                   unto him the full & just Summe of fifteene hundred sixty & Seaven
                   pounds of good Sound merchantable leafe tobacco in caske which
                   from him he unjustly deteineth.
                    And whereupon the said Wm Donning by Robert Ridgely his At-
                   torny Saith that whereas the Said Walter in his life time to wit the
                   eighth day of July in the yeare of Our Lord One thousand six hun-
                   dred & seventy by his certaine writeing Obligatory Sealed with the
                   Seale of him the said Walter & here in Court produced whose date is
                   the day & yeare aforesaid did acknowledge himself e to be holden &
                   firmly bound unto the said William Donning his heirs executors
                   admrs or assignes or to his Attorny in his behalfe in the full & just
                   Summe of fifteen hundred Sixty Seaven pounds of good sound mer-
                   chantable leafe tobacco in caske to be paid at the plantation of the
                   Said Walter or at some convenient place in st Maries River at or
                   before the tenth day of October next ensueing the date of those
                   prsents To the which payment well and truly to be made he the Said
                   Walter did bind himselfe his heirs executrs admrs or assignes firmly
                   by those prsents Yet the aforesaid Walter in his life time nor the
                   aforesaid John Since his death to whom administration of all &
                   Singular the goods Chattells & Creditts of him the Said Walter Since
                   his death was committed the said fifteene hundred sixty seaven
                   pounds of tobacco to him the said Wm according to the tenor of the
                   same writeing Obligatory have not paid though often demanded but
                   the Same to pay have denyed & as yet doe deny whereupon the Said
                   Wm Saith he is dampnified & hath lost to the value of two thousand
                   pounds of tobacco & thereupon he bringeth his suite.
                    And the Said John by Kenelm Cheseldyn his Attorny cometh &
                   defendeth the force & injury when &c and prayeth liberty to imparle
                   here untill next Provinciall Court the same day is given to both
                   parties here.
                    Now here at this day to wit the twelfth day of ffebruary in the
                   yeare One thousand six hundred Seventy five came the said Wm
                   Donning by his Attorny aforesaid & offered himself e against the
                   said John in the plea aforesaid but the said John Came not but made
                   default Therefore it is granted by the Court here that the Said
                   Wm Donning recover against the said John as aforesaid the said
                   summe of fifteene hundred sixty Seaven pounds of tobacco the debt