Provincial Court Proceedings, 1679/80. 125

Taylor, the said sume of one hundred and ffifty pounds sterling
in tobacco att tenn shillings p hundred to him the said William
Dolberry hath not paid though often thereunto required according
to his promisse but the same to pay hitherto hath and still denyes
to pay to the damage of the said William the sume of two hundred
pounds sterling, and thereupon hee bringeth his suite
And the said Thomas Taylor by Robert Ridgely his Attorney
cometh and defendeth the fforce and injury when &c and prayeth
liberty to imparle here unto untill next Provinciall Court and it
is granted unto him, the same day is given to the plantiffe also
Now here att this day to witt the nineteenth day of ffebruary in
the ffifth yeare of the Dominion of the Right hono^ble Charles Lord
Baltemore &c Annoq Dominj one thousand six hundred seaventy
nine, came the said parties by theire Attorneys aforesaid And the said
Thomas Taylor by his said Attorney prayeth Judgment of the writt
aforesaid, because hee saith that at the time of the obtaining of the
originall Writt afores^d to witt the seaventh day of June one thou-
sand six hundred seaventy eight nor at the time of the service of
the writt aforesaid upon the pson of the said Thomas to Answere
the same by Stephen Gary of Dorchester County afforesaid (to witt)
the second day of September then next ffollowing, nor at the time of
the returne of the writt afforesaid (to witt) the seaventh day of
October then next ffollowing, the said one hundred & ffifty pounds
sterling in tobacco att tenn shillings a hundred, to the said Pit was
not due by the promisse of the said Defend^t in manner & fforme as
the said p^lt in his Declaracon afforesaid hath alleadged against him
ffor that the said p^lt in his said Declaracon saith that hee the said
Thomas the said sume of one hundred & ffifty pounds sterling, to
him the said William Dolberry in Tobacco att tenn shillings p
Cent would well & truly Content and pay the next ffall of the yeare
ffollowing, and the said pl^t upon that assumpsitt brings his Accon
aforesaid Whereas the ffall of the yeare is alwaies accounted and
reputed in this Province to bee the tenth of October, and noe tobacco
ready or demanded before, nor was there any Speciall demand made
by the said William of the said Tobacco as there ought to have been,
nor is there any Averment of any such special demand in the Decla-
racon aforesaid and soe the said Defend^t saith that att the time of the
sueing out service or returne of the said writt the said plt had noe
cause of Accon ag^t him And this hee is ready to averre And Where-
upon hee prayes Judgment of the same Writt

Liber W. C.

And the said William Dolberry saith that the Writt aforesaid
of him the said William against him the said Thomas ought not to
abate, ffor the reasons aforesaid by the said Thomas alleadged ffor
that hee saith, that hee the said William had just cause of accon at
the time of the issueing fforth of the writt of him the said William
against him the said Thomas, & this hee is ready to Averre, and

p. H3