Provincial Court Proceedings, 1677/8.    323

          Now here att this day to witt the fifteenth day of June in the third Liber N N
         yeare of the Dominion of Charles Lord Baltemore &c Annoq3 Doni p.
         1678. came the said James & Henry by their Attorney aforesaid &
         offered themselves agt the said Ralph in the plea aforesaid, but the
         said Ralph came not but made default Therefore itt is considered
         by the Court here that the said James & Henry Admrs as aforesaid
         recover agt the said Ralph Hutchinson as well the sume of three
         thousand two hundred eighty & five pounds of tobacco debt As also
         five hundred thirty six pounds of tobacco costs of suite
         Wm KentMorgan Jones late of Dorchister County Clarke
           agtotherwise called Morgan Jones of the Province of
         Morgan Jones   Maryland Tanner was Sumoned to Answer unto
         Wm Kent of a plea that he render unto him the full
         sume of five thousand foure hundred forty & eight pounds of good
         sound well condiconed Mrchantable tobacco in cask which he oweth
         & unjustly detaineth
          And whereupon the said Wm Kent by George Parker his Attorney
         saith, that whereas the said Morgan Jones the fifteenth day of Janu
         ary Annocp Doni One thousand six hundred seventy six by his cer
         taine band or writeing obligatory Sealed with the Seale of the said
         Morgan Jones & here in Court produced whose date is the day &
         yeare first abovesaid, was holden & firmly bound to wm Kent of
         the Clifts aforesaid planter in the full sume of five thousand foure
         hundred forty & eight pounds of good sound well condiconed
         Wchantable tobacco in cask to be paid to the said Wm Kent or to
         his certaine Attorney his Exrs Admrs or assignes To which paymt
         well & truely to be made & done he the said Morgan Jones did binde
         himself e his heyres Exrs & Admrs firmly by those prsents Notwith
         standing which the said Morgan Jones the said sume of five thou
         sand foure Hundred forty & eight pds of tobacco according to the
         tenor of the said bond or writeing obligatory although often de
         manded hath not paid, but the same to pay doth altogether deny &
         refuse, Whereupon the said Wm Kent saith he is damnified & hath
         losse to the Value of tenn thousand pounds of tobacco & thereupon he
         bringeth his suite
          And the said Morgan Jones by Robert Ridgely his Attorney comes
         & defends the force & injury when &c and prayeth the heareing of
         the said bond or writeing obligatory & itt is read unto him, he also
         prayeth the heareing of the Condicon of the said bond or writeing
         obligatory & itt is read unto him in these words The CondicOn of this
         pTsent written obligation is such That if the above bounden Morgan
         Jones his heyres Exrs Adrs & assignes or any one of them shall & doe
         well & truely pay or cause to be paid unto the above named Wm Kent
         or to his certaine Attorney his Exrs Admrs or assignes the full & just
         sume or quantity of two thousand seven hundred twenty & foure