164       Provincial Court Proceedings, 1677/8.

             Liber N N  said John came not to prosecute his plaint aforesaid Therefore itt
                    is considered by the Court here, that the said Wm & Amiah recover
                    against the said John Atkey the sume of Eight hundred thirty six
                    pounds of tobacco for their costs & charges by them about their
                    defence in this behalf e sustained unto the said Wm & Amiah by the
                    Court here adjudged And the said John Atkey in mercy for his
                    false clayme

                    Thomas Taillor
                                     agt
                    George Oldfeild
                   Jarvis Ballard These two actions are continued untill next Court
                       agt
                                 Henry Smith

                p. 423  Mary Tilghman EXX Unlesse the defendt appeare next April Court,
                    Richard Tilghman the Sheriffe of Calvert County amerced. &
                       agt        ordered that the said Sheriffe assigne over the
                    Henry Mitchell baile bond to ye pit

                    Wm Pyper Thomas Smith late of St Maryes County Marriner
                      agt otherwise called Thomas Smith Sloopman of St
                  Thomas Smith Maryes in Maryland was Sumoned to Answer unto
                               Wm Pyper of a plea that he render unto him the
                    full & just quantity of two thousand & ten pounds of Mrchantable
                    Aranocoa tobacco & caske which to him he oweth & unjustly
                    detaineth
                      And whereupon the said Wm Pyper by Robert Ridgely his Attorney
                    saith, that whereas the said Thomas Smith the twenty eighth day of
                    November one thousand six hundred seventy six by his certaine writ
                    ing obligatory Sealed with the Seale of him the said Thomas & here
                    in Court produced whose date is the day & yeare aforesaid, did
                    acknowledge himselfe to owe & to be indebted unto the said Wm Pyper
                    the full & just quantity of two thousand & tenn pounds of Wchant
                    able Aranocoa tobacco & caske to be paid unto the said Wm Pyper
                    his Attorney or assignes att or upon the twentieth day of Decembr
                    next ensueing the date of the same writing Obligatory, for the which
                    payment duely & truely to be made, the said Thomas did binde him
                    self e by heyres Exrs or assignes firmly by those prsents Notwith
                    standing which the said Thomas Smith the said summe of two thou
                    sand & tenn pounds of tobacco according to the tenour of the said
                    writing obligatory although often thereunto required to him the
                    said Wm hath not paid, but the same to pay hath refused & denyed, &
                    to pay the same as yet doth refuse & deny, whereupon the said Wil
                    liam saith he is damnified & hath lost to the Value of three thousand
                    pounds of tobacco & thereupon he produceth his suite.