MARYLAND COURT OF APPEALS 427
and Granting Administrations etc. of a plea that he render unto her Two
hundred Pounds Sterl Which from her She Unjustly detains etc. And Where-
upon the Same Mary Hemsley by Thomas Bordley her Attorney Says that
whereas the afd John Smith in his Lifetime To Witt the third Day of Decem-
ber Anno Dom Seventeen hundred 'and Six at Calvert County aforesaid by
his Certain Writeing Obligatory did Acknowledge himself to be holden and
firmly bound unto the afd John Contee in his Lifetime in the afd Two hun-
dred Pounds Sterling to be paid to the Said John Contee when afterwds he
Should be thereunto required Nevertheless the Said John Smith in his Life-
time and the afd Dorothy Smith after the Death of the Said John Smith altho
often required the afd two hundred Pounds Sterling to the Said John Contee
in his Lifetime or to the Said Mary Hemsley after the death of the Said John
Contee have not rendered but the Same to them to render have refused and
the afd Dorothy Smith the Same to the Said Mary Hemsley hitherto to render
doth Still refuse and unjustly Detaine Whereupon She Saith She is the Worse
and hath Loss to the Value of four hundred pounds Sterling money afd and
thereof She brings the Suit etc. and She brings hereinto Court as well the
writeing afd which Testifies the Debt afd in form afd as the Letters Testamen-
tary of the afd John Contee by which it appears to the Court here the afd
Mary Hemsley lately named Mary Contee to be Executrix of the Testament
aforesaid and thereof to have Administration etc. p* etc.
Jno Doe and Richard Roe
And the Said Dorothy Smith Exrl as aforesaid by Daniel Dulany her
Attorney Comes and defends the force and Injury when etc. and prays a
hearing of the Condition obligatory afd and it is read unto her She also prays
a hearing of the Writeing of the Same writeing obligatory and it is read unto
her in these words following Vizt The Condition of the above Obligation is
Such that whereas the above bound William Parker is by the afd John Con-
tee Esqr appointed and Deputed Deputy Commissary of Calvert County Ac-
cording to an Act of Assembly of this Province Entituled An Act for the
administration of Justice in Probatt of Wills and granting Administrations
recovering of Legacies and Securing filial portions Now if the Said Wm
Parker Shall well and truly Execute the Said office of Deputy Comissary and
Make due returne of all and Singular [629] his proceedings therein to the
office for Probat of Wills etc. According to Law and Shall also Indemnifie and
Save harmless the Said John Contee Esqr from all things that may happen by
reason of any Misfeazance which Shall be Committed by him the Said Wm
Parker then this Obligation to be Void and of no Effect or Else to be and
remain in full fore power and Vertue. Which being read and heard the
Said Dorothy Smith Exrl as afd by her Said Attorney prays Leave to Imparle
hereunto un till Next Court and She hath it and the Same day is given to the
plf* also. Au Which Said Next Court To Witt the 2Oth Day of September
Anno Dom 1720 Come again the Said parties plaintiff and Defendant by
|