178       Provincial Court Proceedings, 1677/8.

            Liber N N John Thompson This cause being upon an Appeale from the County
                       agt Court of Calvert County And the defendt appeare
                    John Atkeying by Robert Carvile his Attorney And the said
                    John Atkey not appearing to prosecute his writt of
                    Error & Supersedeas a Procedendo is granted

                    Jarvis Ballard Richard Perry late of Calvert County was Attached
                       agt to Answer unto Jarvis Ballard of a plea of trespas
                    Richard Perry upon the cause
                                And whereupon the said Jarvis Ballard by Charles
                    Boteler his Attorney complaineth, that whereas John Gould late
                    of Calvert County deceased upon the twenty fifth day of October
                    in the yeare of our Lord One thousand six hundred seventy & five,
                    & for the terme of two yeares before that tyme was & had bin the
                    ifactor of the same Richard Perry in this Province of Maryland And
                    by the order & comand, with the estate & property, to the use &
                    behoofe & in the name of the said Richard Perry did buy barter bar
                    gain & traffick with severall of the Inhabitants of this Province
                    And also with severall Mrchants tradeing into the same Province for
                    severall Goods & Mrchandizes & the severall Goods & Comodityes so
                p. 435  bought & bartered, the said John Gould as the ifactor of the said
                    Richard did in the name of the said Richard & to his rescue againe
                    sell dispose & Merchandize And the said John Gould being ifactor
                    of the said Richard Perry as aforesaid upon the day & yeare afore
                    said in the name & for the proper accompt of the said Richard Perry
                    bought had & received of the said Jarvis severall Goods & Mrchan
                    dizes that is to say, one barrell of maccrell of the price of two hun
                    dred & fifty pounds of tobacco, six barrels of salt of the price of
                    twelve hundred pounds of tobacco, one hogshead of sugar containing
                    seven hundred & eighty pounds of suger of the price of two thousand
                    three hundred & forty pounds of tobacco, Eleven barrels of Molossus
                    & one jarr of oyle of the price of foure thousand one hundred twenty
                    five pounds of tobacco, ninety six gallons of rum of the price of two
                    thousand foure hundred pounds of tobacco, thirty pounds of bread
                    of the price of ninety pounds of tobacco, & one man servant of the
                    price of two thousand two hundred pounds of tobacco, in the whole
                    amounting to the sume of twelve thousand six hundred & five pounds
                    of tobacco And the said Jarvis in fact saith, that the aforesaid
                    Goods & Wchandizes amounting to the sume of twelve thousand six
                    hundred & five pounds of tobacco unto the hands of the said John
                    Gould as the ifactor of the said Richard Perry he did sell & deliver
                    upon the proper accompt of the said Richard Perry & upon none
                    other accompt whatsoever Whereby action doth accrue unto the said
                    Jarvis to recover haue & receive of the said Richard Perry the said
                    sume of twelve thousand six hundred & five pounds of tobacco And
                    further the said Jarvis saith, that for further security for payment
                    of the said twelve thousand six hundred & five pounds of tobacco,