MARYLAND COURT OF APPEALS 93

Hon^ble Charles Lord Baltemore Annoque, Dni 1682 and there Continued

untill the i9^th day of the Same Month of October att w^ch Said Tenth day of

October

Were p^rsent: The Hon^ble Philip Calvert Esq^r Chancellor; Col^o Thomas Tay-

ler; Col^o Vincent Lowe; Col^o William Diggs.

[138] James Bowling ag^t Gerrard Slye

Gerrard Slye late of S^e Marys County Otherwise Called Gerr^d Slye of
S^t Marys County Merch^t was Summoned to Answer to James Bowling of the
Said County Gent of a plea that he hold to him the Covenant made between
them According to the force forme and Effect of a Certein Writing Indented
thereof between them and which to him to hold he ought.

And whereupon the Said James Bowling By Robert Carvill his Attorney
Complaineth That whereas by a Certeine Writing Indented made att Bush-
wood in the County aforesaid the Two and Twentieth day of Aprill in the
Year of our Lord 1681 Between the aforesaid Gerrard Slye of the one Part
and the Said James Bowling of the other Part whose own Fart with the Seale
of the Said Gerrard Slye Sealed the Said the Said [sic] James bringeth here-
into Court whose Date is the Same Day and Year, It is Wittnessed That it
was Covenanted and Agreed of by and between the Partys to those presents
for them Selves and their Assignes that the Said Gerrard Slye or his Assignes
Should have as Lawfull purchases of and from the S^d James Bowling or his
Assignes all his whole Crop or Cropps of Tobb^a which he Should make with
his Servants or Slaves on his Plantation or Plantations that present year 1681,
And that the Said James Bowling and his Assignes Should use his and their
Uttmost Endeavours for making the brightest and best Tobbacco they Could
Clear of all Trash and to Order it according to the Said Gerrard Slyes In-
structions, In Consideration whereof the Said Gerrard Slye or his Assignes
was to allow or pay unto the Said James Bowling or his Assignes after the
rates of one peny per pound to be paid in Goods and the Same to be Deliv-
ered att Westwood Landing or Piles Creek Wiccocoinico River next fall att
first and prime Cost as the Said Goods Should bona fide Cost out of the Shops
without any Charge of freight, Custom or [139] any other Petty Charges
whatsoever onely the Said James Bowling or his Assignes Should Deduct and
allow him the Said Gerrard Slye or his Assignes one peny in Every Shillings
worth of Goods in Lieu of the Said Charge And if in Case the Said Gerrard
Slye or his Assignes did Ship what Goods the Said James Bowling did
Order and Write for and that the Same Should Miscarry then the Said Ger-
rard Slye Should have his liberty to Supply the Said James Bowling with any
other Goods the S^d Slye should or might have in the Country in Case he had
Such Goods as the Said Bowling Wanted or had Occasion for, And that no
Advantage Should be taken on Such an Accident And in Case of Mortality
of either party it Should be att the Choice of the Executors or Adm^rs of the