Provincial Court Proceedings, 1681/1682. 127

     Justices of the same Court Came susanna Uty of Baltemore County          Liber W. C.
     by Robert Carvile her Attorney and Exhibited to the Court here a
     Certaine Transcript of ye Record of Baltemore County in a Cawse
     there Depending between John Nicholls plt and the said susanna Uty
     Deft of a plea of Trespasse of the Case The Tenor of wch Record
     followes in these words: Viz
       Charles Absolute Lord and Propry of the Provinces of Maryland
     &Ca To the sheriffe of Baltemore County Greeting Wee Comand you
     to take susanna Uty If she shall be found in yor baliwick and her
     safe Keepe soe that you have her body att a Court to be held for
     Baltemore County the first Tuesday in ffebruary next Ensucing to
     answere unto John Nicholls in a plea of Trespas in the Case. ffaile
     not and have you there this writt Dated January the 21th Anno
     Doni 1679 & in the ffifth year of our Dominion &Ca.
          8o
     Russel p quer: Entred & signed p ordr Tho: Hedge Clke
                                        Com. Balt.
       John Dunston appeares for susanna Uty at the suite of John
     Nickolls in a plea of Trespasse on the Case
     Baltemore County
       Susanna Uty was attached to answere unto John Nicholls of a
     plea that she Render unto him the sume of Nine hundred pounds of
     Tobacco wth him she oweth and unjustly detaineth
       And Whereupon the said John by Thomas Russell his Attorney
     Complaineth that the sd Susanna standeth Justly Indebted unto him
     the said John in the Just Sume of Nine hundred pounds of Tobacco
     wth Caske Although the said John the said sume of Nine hundred
     pounds of tobacco hath often of the said Susanna Demanded. she
     the said Susanna hath altogether Refused to pay & doth Denye
     Whereupon the sd John saith he is Damnified in the sume of twelve
     hundred pounds of Tobacco & thereupon he bringeth his suite
     Baltemore County:                                                         p. 504
       The plt Declareth for Nine hundred pounds of Tobacco wch to
     him the Deft oweth & unjustly detaineth
       And the said Susanna Uty by John Dunston her Attorney Cometh
     and Defendeth the force & injury when &c & saith that the aforesaid
     John Nicholls his accon against her ought not to have because she
     sayth that she the said Susanna before the said John Nicholls co
     menced this accon did make a sufficient & Lawfull Tender of the
     said Nine hundred pounds of Tobacco by the aforesaid Declaracon
     required to the said John Nicholls & is yet ready to pay the Same
     unto the said John Nicholls, and this she is ready to make appeare
     & thereupon Craves Judgmt of this Court if the said John Nicholls
     his aforesaid action against her ought to have,
       Whereupon the plts Attorney Declareth that it is noe Lawfull
     Tender of ye Tobacco by the Deft and putts himself upon the