Provincial Court Proceedings, 1678/9. 127

or to his certaine Attorney att or before the tenth day of October
next ensueing the date Of the said bond att some convenient place in
Petuxent river To the which payment well & truely to be made he
the said John Stansby did binde himselfe his heyres Ex^rs & Adm^rs
firmly by those p^rsents Notwithstanding which the said John Stansby
the said Suine of five thousand two hundred fifty six pounds of
tobacco although often thereunto required hath not paid, but the
same to pay doth altogether deny & refuse whereupon the said John
Halls saith that he is damnified & hath losse to the Value of tenn
thousand pounds of tobacco & thereupon he bringeth his suite And
the said John Stansby by Kenelm Cheseldyn his Attorney comes &
defends the force & injury when &c and prayes the hearing of the
said bond or writeing obligatory & itt is read unto him, he also pray-
eth the hearing of the Condicon of the said bond or writing obliga-
tory & itt is read unto him in these words The Condicon of this
Obligacon is such, that if the above bounden John Stansby his heyres
Ex^rs or Adm^rs shall well & truely pay or cause to be paid unto the
above named John Halls his heyres Ex^rs or Adm^rs or to his certaine
Attorney the just Sume of two thousand six hundred twenty eight
pounds of good sound M^rchantable tobacco & caske att or before
the tenth day of Octob^r next ensueing the date of these p^rsents att
some convenient place in Petuxent River without fraud or further
delay That then this p^rsent obligacon shall be void & of none effect,
or else itt shall remaine & be in full force power & Vertue w^ch being
read & heard the said John Stansby by his Attorney aforesaid pray-
eth 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 Eighth day of March in the
fourth yeare of the Dominion of Charles Lord Baltemore &c Annoq
Doni 1678 cometh as well the said John Halls as the said John
Stansby by their Attorneys aforesaid And the said John Stansby
by his said Attorney saith that he cannot gainsay the said action of
the said John Halls, for that he hath not paid to the said John Halls
the aforesaid Sume of fiue thousand two hundred fifty six pounds
of tobacco in full discharge of the said recited bond or writing
obligatory Therefore itt is considered that the said John Halls
recover against the said John Stansby the aforesaid Sume of five
thousand two hundred fifty six pounds of tobacco debt As also
Nine hundred & tenn pounds of tobacco costs of suite And the
defend^t in mercy &c

Liber N N
p. 790

Richard Walker

ag^t
John Shankes

the same

ag^t
Tho: Lomax

These three causes being upon writts of Error
are continued untill next Provinciall Court