Provincial Court Proceedings, 1681/1682.   161

    Samuell Allen Michael Bacey late of Dorchester County Other-             Liber W. C.
        agt wise called Michael Bacey of Dorchester County
  Michael BaceyJ    was Sumoned to answere unto Samuel Allen in
               Southampton in the Kingdome of England Marchant
     of a plea that he Render unto him the full and Just Sume of twenty
     Seaven thousand three hundred Ninety and two pounds of good
     sound Marchantable & every way well conditioned Tobacco and
     Caske wch to him he oweth and unjustly detaineth
      And whereupon the said Samuel Allen by Charles Boteler his
     Attorney sayth that whereas the said Michael Bacey upon the thir
     teenth day of November in the yeare of our Lord One thousand six
     hundred and eighty by his certaine bond or writeing obligatory sealed
     with the seale of him the said Michael and here in Court produced
     Whose date is the day and ycare aforesaid Was holden & firmely
     bounden unto Samuel Allen in Southampton in the Kingdome of
     England Marcht in the full and just Sume of twenty seaven thousand
     three hundred ninety and two pounds of good Sound Marchantable
     and every way well condiconed Tobacco in Caske To be payd to
     Richard Smith Junr of Calvert County or to his Certaine Attorney
     his heires Executors Admrs or assignes for the prop accot and use
     of the aforesaid Samuel Allen To wch payment well & truely to be
     made the said Michael Bacey did binde himself his heires Executors
     and Admrs firmely by those presents Neverthelesse the said Michael
     Bacey 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 accompt of the said Sam
     uel Allen hath not as yet payd but the same to pay hath denyed and
     as yet 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 bringeth his suite
      And the said Michael Bacey being in the custody of the sheriffe
     of Dorchester County was by the said sheriffe brought into Court,
     and prayeth the hearing of the writeing aforesaid and it is Read
     unto him, Hee also prayeth the hearing of the Condition of the said
     writeing obligatory & it is read unto him in these words. The Condi
     tion of this Obligacon is such that if the above bounden John Raw
     lings Michael Bacey and Gourney Crowe or Either of them or
     Either of their heires Executors or Admrs Doe well and truely pay
     of Cause to be payd unto the abovesaid Richard Smith Junir or to
     his certaine Attorney his heires Executors Admrs or Assignes for
     the Proper accompt and use of the said Samuel Allen the full and
     Just Sume of thirteene Thousand six hundred Ninety and Six
     pounds of good Marchantable and every way well conditioned
     Tobacco in Caske in Some Convenient place or places in the a fore
     said Dorchester County att or before the Tenth day of November
     next after the date hereof, then this obligacon to be voyd or Else
     to stand inforce and vertue, wch being read and heard the said