Provincial Court Proceedings, 1677/8.    313

        the said John hath paid to him the said Thomas the said two steeres Liber N N
        & two hundred pounds of porke As to the said One thousand pds of
        tobacco he the said John Dormand hath not paid the same on behalf e
        of the said Thomas unto the said Wm Pyper in discharge of the said
        bond of two thousand pds of tobacco as aforesaid Nor hath he
        delivered upp the said bond or caused the same to be delivered upp
        unto the said Thomas cancelled, but the same one thousand pds of tob
        to pay as aforesaid & the said bond to deliver or cause to be delivered
        upp to the said Thomas cancelled as aforesaid though often thereunto
        required altogether refuseth, by reason whereof the said Thomas
        afterwards to witt the thirteenth day of December One thousand
        six hundred seventy six was by the said Wm Pyper by proces out
        of his Lordpps Provinciall Court of this Province caused to be ar
        rested prosecuted & impleaded for the debt aforesaid due upon the
        bond aforesaid And att a Court held for the same Province the one
        & twentieth day of ffebry One thousand six hundred seventy seven
        the said Wm did thereupon obtaine judgemt for the said penalty of
        two thousand pds of tobacco due by the bond aforesaid with costs
        of suite agt the said Thomas Smith whereupon the said Thomas saith
        he is the worse & hath damage to the Value of six thousand pounds
        of tobacco, & thereupon he brings his suite
          And the said John Dormand by Robert Ridgely his Attorney corn
        eth & defendeth the force & injury when &c and prayeth liberty to
        imparle hereunto untill next Court & itt is granted unto him, the
        same day is given to the plaintiffe also.
          Now here att this day to witt the fourteenth day of June in the
        third yeare of the Dominion of Charles Lord Baltemore &c Ancxp
        Doni 1678. came the said Thomas Smith by his Attorney aforesaid
        & offered himselfe agt the said John Dormand in the plea aforesaid,
        but the said John came not but made default Therefore itt is con
        sidered by the Court here that the said Thomas Smith recover agt
        the said John Dormand his damages sustained by occasion of the
        trespas aforesaid But because itt is not known what damages the
        said Thomas hath sustained by occasion of the prmises Itt is ordered
        by the Court that a writt of Inquiry of damages issue returnable
        next Provinciall Court


        Thomas Notley Esqr
            agt
        James Tyre
        Benjamin Rozer Esqr
             t                             d

        ffrancis Wyne
                   These foure actions are agree
        Wm ffurnace & ux
           agt
        Tho: Jones