88        Provincial Court Proceedings, 1675.

            Liber N N John Southy Henry Turner late of Dorchester County otherwise
                  P 56 agt called Henry Turner of the same County and Prov-
                  Henry Turner ince aforesaid Carpenter was summoned to answer
                            unto John Southy in a plea that he render unto him
                  five thousand three hundred Sixty two pounds of tobacco which to
                  him he oweth and unjustly deteineth
                    And whereupon the said John by Robert Carvile his Attorny
                  Saith that whereas the said Henry the three and twentith day of
                  March Anno Dom 1674 by his certaine writeing Obligatory Sealed
                  with the seale of the said Henry and here in Court produced whose
                  date is the day and yeare abovewritten was holden & firmly bound
                  unto him the said John in the full and just summe of five thousand
                  three hundred Sixty two pounds of good tobacco & caske to con-
                  teine the same to be paid unto him the said John his heirs executors
                  admrs or lawfull Attorny convenient in Little Choptancke River at
                  or before the tenth day of October next ensueing the date hereof
                  Notwithstanding which the Said Henry the aforesaid Summe of
                  five thousand three hundred Sixty two pounds of tobacco to him the
                  said John according to his said writeing Obligatory hath not paid
                  although he hath bin often thereunto required but the same to pay
                  hath altogether denyed and Still doth deny whereupon he saith he is
                  dampnified and hath losse to the value of tenn thousand Six hundred
                  pounds of tobacco and thereupon he bringeth his Suite.
                    And the Said Henry by Vincent Lowe his Attorny cometh and
                  defendeth the force and injury when &c and prayeth the heareing
                  of the Said writeing Obligatory and it is read unto him he also pray
                  the heareing of the condition of the Said writeing Obligatory and it is
                  read unto him in these words following vizt The Condition of the
                  Obligation is Such that if the abovebound John Rawlings or Henry
                  Turner them or other of them their heirs or executrs admrs shall well
                  and truly deliver or cause to be delivered into the hands & possession
                  of the said John Sowthy his heirs executrs admrs or to his lawfull At-
                  torny so many bills of able sufficient mens payable in ffishers Creeke
                  in the County and Province aforesaid to the quantity of two thousand
                  six hundred eighty & One pounds payable to the said John Southy by
                  the twelfth day of July next ensueing the date hereof to which pay-
                  ment well and truly to be made & done Wee bind Us and either of Us
                  Our heirs j oyntly and severally for the whole and in the whole and
                  just sume then this Obligation to be void and of none effect if not to
                  stand in full power force and virtue. Which being read and heard
                  the said Henry prayeth liberty to imparle here untill next Provin-
                  ciall Court the same day is given to both parties.
                    Alt which day to wit the eleventh day of ffebruary in the yeare of
                  Our Lord One thousand six hundred Seventy five came the said
                  John Southy by his Attorny aforesaid & the said Henry by his
                  Attorny came likewise and the said Henry Saith nothing in barre or