Provincial Court Proceedings, 1677.     77

        use his best Skill & endeavour to receive the Said Severall Summes Liber N N
        of tobacco for the use of the said Wm but also that he the said Cuth
        bert would quietly deliver up unto the said Wm or his assignes all
        such summe or Summes of tobacco as he the said Cuthbert Should at
        any time receive of the debts aforesaid Saveing to himselfe & deduct
        ing for his Salery ten pounds of tobacco for every hundred pounds
        of tobacco which he the Said Cuthbert Should receive of the said
        debts And the said Wm in fact saith that he the said Wm trusting
        to the promise and assumption aforesaid of him the Said Cuthbert
        Did the aforesaid 20th day of March 1673 authorize him the said
        Cuthbert by Letter of Attorny under the hand & Seale of him the
        Said William to collect the Severall Summes of tobacco due to him
        the said Wm within this Province as aforesaid And did agree to
        allow him the said Cuthbert ten pounds of tobacco by the hundred
        for his Salery for all such tobacco as he should receive for the said
           as aforesaid By virtue & in pursuance whereof the said Cuthbert
        afterwards to wit the 22th of September 1674 did receive of Christo
        pher Rousby then Sheriff of Calvert County Seurall summes of
        tobacco due to the said Wm from Severall persons within the said
        County in all amounting to six thousand nine hundred twenty five
        pounds of tobacco as by a receipt for the same under the hand of the
        said Cuthbert here in Court produced whose date is the same 22th
        day of September 1674 more fully may appeare Whereby action
        did acrue to the said Wm to demand & have of the said Cuthbert six
        thousand two hundred & thirty two pounds of tobacco & a half e Yet
        the Cuthbert his promise and assumption aforesaid not regarding p. 360
        the aforesaid Six thousand two hundred thirty two pounds & a half e
        of tobacco nor any part thereof in his life time unto the Said Wm
        hath not paid nor the said Richard to whom admcon of the goods &
        chattels which were of the said Cuthbert by the Honble Philip Calvert
        Esq Cheife judge for proveing of Wills & granting of admcons within
        this Province is granted the Said Six thousand two hundred thirty
        two & a half e pounds of tobacco nor any Part of it since the death
        of the said Cuthbert unto the said Wm hath not paid but the same
        & every part thereof unto the said Wm to pay hath denyed though
        often thereunto requested & the said Richard the said six thousand
        two hundred thirty two pounds & a half e of tobacco unto the said
        Wm to pay Still doth deny whereupon the said Wm Saith he is worse
        & hath damage to the value of Eight thousand pounds of tobacco
        And thereupon he brings his suite.
         And the said Richard by Charles Boteler his Attorny cometh &
        defendeth the force & injury when &c & prayeth liberty to imparle
        hereunto untill October Court next and it is granted unto him the
        same day is given to the said Wm
         Att which day to wit the sixth day of October Anno Dom 1677
        Came the said Wm & Richard by their Said Attornyes and the said