152      Provincial Court Proceedings, 1681/1682.

 Liber W. C.     sound Marchantable & every way well Condiconed tobacco and
                 Caske wch to him he oweth and unjustly doth detaine
                  And whereupon the said Samuel Allen by Charles Boteler his
                 Attorney sayth that whereas the said Gourney Crowe upon the
                 Thirteenth day of November in yC yeare of our Lord 1680 By his
                 Certaine bond or writeing Obligatory sealed with the seale of him
                 the sd Gourney and here in Court Produced whose date is the day
                 and yeare aforesaid, was holden & firmely bounden unto Samuel
         p. 522  Allen in Southampton in the Kingdome of England Marchant in
                 full and Just sume of Twenty seaven Thousand three hundred ninety
                 & two pounds of good sound Marchantable and every way well
                 Conditioned Tobacco in Caske, To be payd to Richard Smith Junr
                 of Calvert County or to his Certaine Attorney his hieres Executors
                 Admrs or Assignes for the prop accot & use of the said Samuel
                 Allen, To wch payment well and truely to be made the said Gourney
                 Crowe did binde himself his heires Executors and Admrs firmely
                 by those presents, Neverthelesse the said Gourney Crowe the said
                 sume of Twenty Seaven thousand three hundred Ninety and two
                 pounds of tobacco although often thereunto required unto the said
                 Richard Smith for the Prop accot of the said Saml Allen hath not
                 as yet paid, but the same to pay hath denyed & still doth denye
                 Whereupon the said Samuel Allen sayth he is Damnified and hath
                 losse to the Vallue of thirty thousand pounds of Tobacco And
                 thereupon he bring his suite
                  And the said Gourney Crowe by Robert Ridgely his Attorney
                 Cometh and defendeth the force & injury when &c & prayeth hear
                 ing of the writeing aforesaid & it is read unto him, he also Pray
                 eth hearing of the Condicon of the said writeing and it is read unto
                 him in these words: (viz) The Condicion of this Obligacon is such
                 That if the above bounden John Rawlings Michael Bacey and
                 Gourney Crowe or Either of them their heires Executors or Admrs
                 doe well and truely pay or Cawse to be payd unto the abovesaid
                 Richard Smith Junr or to his Certaine Attorney his heires Executors
                 Admrs or assignes for the prop accot and use of the aforesaid
                 Samuel Allen the full and Just sume of thirteene thousand Six hun
                 dred Ninety and six pounds of good Marchantable and every way
                 well Conditioned tobacco in Caske in some Convenient place or
                 Places in the aforesaid Dorchester County at or before the Tenth
                 day of December next after the date hereof then this Obligacon
                 to be voyd or else to stand in full force & vertue
                  Now here at this day to wit the second day of March in the
                 seaventh yeare of the Dominion of the Right honoble Charles Lord
                 Baltemore &c Annoq Doni 1681 Came the said Samuell Allen by
                 his Attorney aforesaid and Offered himself against the said Gourney
                 Crowe in the Plea aforesaid, but the said Gourney Crowe came
                 not but made default Therefore itt is Considered that the said
                 Samuel Allen Recover against the said Gourney Crowe aswell the