Provincial Court Proceedings, 1677/8.    363

        aforesaid assessed As also Sixteene hundred fifty six pds of tobacco Liber N N
        costs of suite.

       Jarvis Ballard Henry Smith late of Manokin in Somrsett County
           agt in the Province aforesaid Chirurgion was Attached
      Henry Smith to Answer unto Jarvis Ballard Mrchant in a plea of
                  trespas upon the case.
          And whereupon the said Jarvis by Christopher Rousby his At
        torney complaineth, that whereas the said Henry Smith the tenth
        day of July in the yeare of our Lord One thousand six hundred
        seventy foure att Manokin in the County of Somrsett aforesaid had
        accompted with the same Jarvis Ballard of divers Goods & Mrchan
        dize by the same Jarvis for the said Henry & att his request laid
        out & disbursed And upon that accompt the aforesaid Henry Smith
        was found in arrears to him the said Jarvis in sixteen hundred &
        Seventy foure pounds of tobacco & cask, And so being therefore in
        debted the said Henry Smith in consideracon thereof did assume
        upon himselfe & to the said Jarvis then & there faithfully promised
        to pay to the said Jarvis his heyres or assignes the said sume of
        sixteen hundred & seventy foure pds of good sound Mrchantable
        tobacco in caske in some convenient place in Wiccocomico River in
        Somrsett County aforesaid att or before the tenth day of Octobr then
        next ensueing Nevertheless the said Henry Smith the said promise &
        assumpcon in no wise reguarding but endeavouring & fraudulently
        intending him the said Jarvis of the same Sixteen hundred & Sev
        enty foure pds of tobacco & cask craftily to deceive & defraud, the
        same unto him the said Jarvis though often thereunto required hath
        not paid, but the same to pay altogether denyes, whereupon the
        said Jarvis saith he is damnified & hath losse to the Value of three
        thousand pits of tobacco & thereupon he bringeth his suite
          And the said Henry Smith by Robert Ridgely his Attorney corn
        eth & defendeth the force & injury when &c and prayeth liberty to
        imparle hereunto untill next Provinciall Court & itt is granted unto
        him, the same day is given to the plaintiffe also.
          Now here att this day to witt the ffifteenth day of June in the
        third yeare of the Dominion of Charles Lord Baltemore &c Annoq3
        Doni 1678. came the said parties by their Attorneys aforesaid And
        the said Henry saith nothing in barr or avoidance of the accofl
        aforesaid of him the said Jarvis in forme aforesaid brought, where
        upon the said jarvis remaineth agt the said Henry thereof wholy
        undefended Therefore itt is granted by the Court here that the said
        J arvis Ballard recover agt the said Henry Smith as well the sume
        of Sixteen hundred Seventy foure pds of tobacco damages occa
        sioned by the trespas aforesaid, as also five hundred sixty eight pds
        of tobacco costs of suite