Provincial Court Proceedings, 1677/8.    165

         And the said Thomas Smith by Christopher Rousby his Attorney Liber N N
        cometh & defendeth the force & injury when &c And the said Tho:
        prayeth the heareing of the said writing Obligatory & itt is read
        unto him, he also prayeth the heareing of the Condicön of the same
        writing obligatory & itt is read unto him in these words The condi
        eon of this Obligacon is such That if the above bound Thomas Smith
        his heyres Exrs or assignes shall duely & truely pay or cause to be
        paid unto Wm Pyper his Attorney or assignes the full & just Sume
        of One thousand & five pounds of good sound mrchantable tobacco
        & caske att or upon the twentieth day of December next in the
        County of St Maryes, then this Obligacon to be void, else to re
        maine in full power force & vertue, Which being read & heard the
        said Thomas Smith by the said Christopher Rousby his Attorney
        saith that he cannot deny but that true itt is that he the said Thomas
        the said twenty eighth day of Novembr one thousand six hundred
        Seventy six by his certaine writing obligatory in manner & forme
        as in the said Declaracãn is expressed, did acknowledge himselfe to
        be bound unto the said Wm Pyper in the sume of two thousand &
        tenn pounds of tobacco & caske with Condicon that if the said
        Thomas his heyres Exrs or assignes should pay or cause to be paid
        to the said Wm Pyper his Attorney or assignes the just quantity of
        one thousand & five pounds of tobacco & caske att or upon the said
        twentieth day of Decembr then next ensueing in St Maryes County,
        then the same obligacon to be void, otherwise to remaine in full
        force, as by the same wm agst him the said Thomas above is declared
        But the said Thomas for plea saith, that before the sueing out the
        Originall Writt of this action to witt The said twentieth day of p. 424
        Decembr & for a long tyme before & after, he The said Wm Pyper did
        imploy one John Dormond as his ifactor & Receiver of tobacco in
        this Province & dureing that tyme & before the sueing out tlic said
        Originiall writt to witt the said twentieth day of December One
        thousand six hundred seventy six he the said Wm did request &
        order him the said Thomas to pay the said one thousand & five pounds
        of tobacco & caske due as aforesaid to the said Wm unto the said
        John Dormond for the use of the said Wm And did declare that such
        payment should be sufficient satisfaccon to him the said Wm Pyper
        And the said Thomas further, saith, that in complyance with the
        request & order aforesaid of him the said Wm & for the satisfaccon
        of the said debt, he the said Thomas afterwards to witt the said
        twentieth day of December One thousand six hundred seventy six &
        before the sueing out of the originall Writt aforesaid, did pay unto
        him the said John Dormond as ifactor & Receiver of the said Wm &
        for the use of him the said Wm the said sume of One thousand &
        five pounds of tobacco & caske due to the said Wm by the obligacon
        aforesaid & of this he putts himselfe upon the Countrey, & the said
        plaintiffe likewise Therefore comand is giuen to the Sheriffe of
        st Maryes County that he cause to come here twelve &c