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Provincial Court Proceedings, 1679. 203
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said Robert Peca hath sustained damage for want of the restitucon
of the Goods & Chatties aforesaid to Seven thousand one hundred
pounds of tobacco Therefore itt is considered that the said Robert
Peca recover against the said Henry Stocket the aforesaid Sume
of Seven thousand one hundred pounds of tobacco damages by the
jurors aforesaid in forme aforesaid assessed As also two thousand
one hundred & six pounds of tobacco costs of suite And the Defendt
in mercy &c
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Liber N N
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Tho: Hussey
agt
Justinian Gerard
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Justinian Gerard otherwise called Justinian Gerard
of St Maryes County in the Province of Mary-
land Gentl was Sumoned to Answer unto Thomas
Hussey of Charles County in the Province afore-
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said Gentl in a plea that he render unto the said Hussey two thou-
sand pounds of tobacco which to him he oweth & unjustly detaines
Whereupon the said Hussey by George Parker his Attorney saith
that whereas the aforesaid Justinian Gerard the tenth day of May
Anno one thousand Six hundred Seventy seven by his certaine bill
obligatory which he the said Hussey with the Seale of him the said
Gerard signed here in Court produced whose date is the same day
& yeare, did oblige himselfe his heyres Execrs & Adm™ to pay or cause
to be paid unto Thomas Hussey of Charles County in the same
Province gentt his heyres Execrs Admrs or assignes the full Sume
of two thousand pounds of good sound Mrchantable leafe tobacco &
cask att or upon the tenth day of Octobr next ensuing the date thereof
att some convenient place in one of the two Countyes aforesaid Not-
withstanding the aforesaid Justinian Gerard although often de-
manded the aforesaid two thousand pounds of tobacco to the said
Hussey hath not as yet rendred, but the same hitherto hath denyed
to pay & as yet denieth, whereupon he saith that he is damnified &
hath damage to the Value of ffoure thousand pounds of tobacco &
thereupon he brings his action.
And the said Justian Gerard by Kenelm Cheseldyn his Attorney
cometh & defendeth the force and injury when &c and prayeth lib-
erty to imparle hereunto untill next Provintiall Court, & itt is granted
unto him the same day is given to the plaintiffe also
Now here att this day to witt the Sixth day of June in the fourth
yeare of the Dominion of Charles Lord Baltemore &c Annoq Doni
1679. cometh as well the said Thomas Hussey as the said Justinian
Gerard by their Attorneys aforesaid And the said Justinian by his
said Attorney saith, that he is not informed by the said Justinian of
any answer for the said Justinian to the aforesaid Thomas Hussey
in the plaint aforesaid to be giuen, & nothing more thereof saith,
by which the said Thomas remaineth against the aforesaid Justinian
thereof undefended Therefore itt is considered that the said Thomas
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