376       Provincial Court Proceedings, 1677/8.

            Liber N N  is the day & yeare aforesaid, did acknowledge himselfe to be holden
                   & firmly bound unto the said Walter Hall in the full sume or quan
                   tity of ifourteen thousand pounds of good sound Mrchantable to
                   bacco in caske to be paid to the said Walter Hall or his certaine
                   Attorney his Exrs Admrs or assignes To the which paymt well &
                   truely to be made & done the said Garret did binde himselfe his
                   heyres Exrs & Admrs firmly by those prsents. Notwithstanding
                   which the said Garret VanSweringen the said sume of ifoureteen
                   thousand pds of tobacco to him the said Walter according to the
                   tenor of the said writeing obligatory hath not paid although often
                   thereunto required, but the same to pay hath denyed & as yet doth
                   deny, whereupon the said Walter saith he is damnified & hath losse
                   to the Value of twenty thousand pds of tobacco & thereupon he
                   bringeth his suite.
                     And the aforesaid Garret by Robert Carvile his Attorney cometh
                   & defendeth the force & injury when &c and the said Garret prayeth
                   the hearing of the said writeing obligatory & itt is read unto him,
                   he prayeth also the hearing of the Condicon of the said writeing
                   obligatory & itt is read unto him in these words vizt The Condicon
                   of this obligacon is such that whereas the above named Walter Hall
                   did buy of Samuell Leadbeater & John Cuningham Mrchants a par-
                   cell of Goods to the Value of six thousand seven hundred sixty &
                   two pds of tobacco, which sume of tobacco the said Walter Hall
                   hath by a certain writeing under his hand & Seale obliged himselfe
                   to pay to the said Cuningham who is since dead Now if the above
                   bound Garret VanSweringen his heyres Exrs or Admts doe & shall pay
                   & satisfie unto the Exrs or Admrs of the said Cuningham or any other
                   person that shall be lawfully authorized to receive the same the said
                   sume of six thousand seven hundred sixty & two pds of tobacco in
                   discharge of the said Bill & deliver the same cancelled unto the said
                   Walter Hall his Exrs or Admrs within twelve months next after the
                   date hereof And also save & keep harmiesse & indempnified the said
                   Walter Hall his heyres Exrs & Adrs of & from all manner of actions
               p. 606  suites troubles & damages whatsoever that may Arise or accrue to
                   the said Walter Hall his heyres Exrs or Admrs by reason or meanes
                   of the said bill Then this obligacon to be void & of none effect or
                   else to remaine & be in full force & vertue Which being read & heard
                   the said Garret by his Attorney aforesaid prayeth liberty to imparle
                   hereunto untill next Provinciall Court & itt is granted him, the same
                   day is given to the plt also
                     Now here att this day to witt the Eighteenth day of June in the
                   third yeare of the Dominion of Charles Lord Baltemore &c Annoq3
                   Doni 1678. came the said Walter Hall by his Attorney aforesaid &
                   offered himselfe agt the said Garret in the plea aforesaid, but the
                   said Garret came not but made default Therefore itt is granted by
                   the Court here, that the said Walter Hall recover agt the said Garret