166 MARYLAND COURT OF APPEALS

Present: The Hon^ble John Hammond; Tho^s Tasker; Henry Llowe; W^m Hat-
ton; Rich^d Hill; Edw^d Jones, Justices

Their Majesty's ag^t Henry Mitchell

[245] MARYLAND ss. Henry Mitchell late of this Province otherwise called
Henry Mitchell of Calvert County Gent was Sumoned to answer unto our
Sovereigne Lord and Lady King William and Queen Mary etc. of A plea
that he render unto our said Lord and Lady the full and Just Summe of One
thousand pounds Sterling which to the said Lord and Lady he oweth and
from them unjustly detayneth.

And Whereupon the said Lord and Lady by George Plater their Attor-
ney say that whereas the said Henry Mitchell the 14^th day of March Anno
Dom 1693 at Calvert County aforesaid by his certain bond or writing obliga-
tory Sealed with the Seale of him the said Henry Mitchell and here in Court
produced whose date is the day and Year aforesaid did owe and stand Justly
indebted unto our said Lord and Lady there heirs and Successors in the full
and just Summe of One thousand pounds sterling which payment well and
truly to be made he the said Henry Mitchell did bind himself his heirs Ex-
ecutors and Administrators firmly by those presents Notwithstanding which
the said Henry Mitchell did bind himself his heires Executors and Adminis-
trators the said Summe of One thousand pounds Sterling to the said Lord
and Lady altho' often thereto demanded hath not paid but the same to pay
hath denied and still doth deny Whereupon the said Lord and Lady say they
are damnified and have loss to the Value of Twelve hundred pounds Sterling
and thereupon they bring their suite.

And the said Henry Mitchell by Samuell Watkins his Attorney cometh
and defendeth the force and injury When etc. and pray the hearing of the
above recited bond or writing obligatory and it is read unto him he also
prayeth the hearing of the condition and it is read unto him in these words
following Viz^t The Condition of this Obligation is Such that if the above
bounden John Price or his Assignes before his departure or the departure
of the said Pinke out of this Province this present Voyage sattisfye and pay
to their Majestys Collecter for Patuxent district in the abouesaid Province
their Majesty's duties of one penny per pound for all such Tobaccoe as
shalbe Loaden or taken on board the said Pinke this present Voyage accord-
ing to the Act of Parliament made the twenty Fifth Year of King Charles the
Second and shall saile hence [246] directly for Berbadoes or some other of
their Majestys Plantations and their unload the said Tobaccoe (the dangers
of the Seas excepted) and Shall likewise within twelve Months produce A
certificate of his having so done as aforesaid then this Obligation to be Void
and of noe Effect otherwise to stand in full force and virtue

Now here at this day to witt the Fifteenth day of May in the Eighth year
of his Majestys reigne King William the Third etc. Annoque Dom 1696