Provincial Court Proceedings, 1675. 87

         eight hundred sixty two pounds of tobacco he cannot gainsay be- Liber N N
         cause he oweth the same unto the said Garret in manner & forme
         as is above declared against him, Therefore it is granted by the
         Court here that the said Garrett recover against the said James
         the summe of Eight hundred sixty two pounds of tobacco the debt
         aforesaid together with the summe of pounds
         of tobacco costs of suite.

         Garret Vansweringen James Lewis late of st Maries County other-
            agt wise called James Lewis of the County of
         James LewisSt Maries in the Province of Maryland was
         sumöned to answer unto Garrett Vanswer
         ingen in a plea that he render unto him the summe of thirteene
         hundred pounds of tobacco which to him he oweth & unjustly
         deteineth.
          And whereupon the said Garrett by Kenelm Cheseldyn his At-
         torny saith that whereas the said James the sixtenth day of April
         Anno Doth 1674 by his certaine writeing Obligatory Sealed with the
         Seale of him the said James and here in Court produced whose date
         is the day & yeare abovewritten was holden & firmly bound unto
         him the Said Garrett in the full quantity of thirteene hundred pounds
         of good Sound merchantable tobacco and caske for a valuable con-
         sideration already received to be paid unto him the Said Garrett or
         to his certaine Attorny his heirs executors admrs or assignes con-
         venient in the County aforesaid On demand Notwithstanding which
         the said James the aforesaid Summe of thirteene hundred pounds of
         tobacco to him the said Garret according to his Said writeing Obliga-
         tory hath not paid but the same to pay hath altogether denyed and
         as yet doth deny whereupon he saith he is dampnified and hath losse
         to the value of two thousand Six hundred pounds of tobacco and
         thereupon he bringeth his Suite.
          And the said James in his proper person in the Custody of the
         Sheriff at this day to wit the twelfth day of ffebruary One thousand
         Six hundred seventy five cometh and saith that he Saith nothing in
         barre or avoidance of the action aforesaid of him the said Garrett
         because he oweth the said Garrett the said summe of thirteene hun-
         dred pounds of tobacco in manner and forme as the said Garret hath
         above declared against him Therefore it is considered by the Court
         here that the said Garret recover against the said James aswell the
         summe of thirteene hundred pounds of tobacco the debt aforesaid
         as also the summe of        pounds of tobacco costs
         of suite.

         Edward Roe
                  the deft by Mathew Warde his Attorny appeares and
            ag    imparles untill next Court.
         John Boone