MARYLAND COURT OF APPEALS 427

and Granting Administrations etc. of a plea that he render unto her Two
hundred Pounds Ster^l Which from her She Unjustly detains etc. And Where-
upon the Same Mary Hemsley by Thomas Bordley her Attorney Says that
whereas the af^d 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 af^d John Contee in his Lifetime in the af^d Two hun-
dred Pounds Sterling to be paid to the Said John Contee when afterw^ds he
Should be thereunto required Nevertheless the Said John Smith in his Life-
time and the af^d Dorothy Smith after the Death of the Said John Smith altho
often required the af^d 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 af^d 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 af^d and
thereof She brings the Suit etc. and She brings hereinto Court as well the
writeing af^d which Testifies the Debt af^d in form af^d as the Letters Testamen-
tary of the af^d John Contee by which it appears to the Court here the af^d
Mary Hemsley lately named Mary Contee to be Executrix of the Testament
aforesaid and thereof to have Administration etc. p* etc.

Jn^o Doe and Richard Roe

And the Said Dorothy Smith Ex^rl as aforesaid by Daniel Dulany her
Attorney Comes and defends the force and Injury when etc. and prays a
hearing of the Condition obligatory af^d 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 Viz^t The Condition of the above Obligation is
Such that whereas the above bound William Parker is by the af^d John Con-
tee Esq^r 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 W^m
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 Esq^r from all things that may happen by
reason of any Misfeazance which Shall be Committed by him the Said W^m
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 Ex^rl as af^d 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 2O^th Day of September
Anno Dom 1720 Come again the Said parties plaintiff and Defendant by