JANUARY, 1696/7 COURT 133

did Assume upon himselfe and to the Said Samuell Scott faithfully promise
and Oblidge himselfe that if the Said William Parker did not pay the Said
Sume of Seaven hundred and Seaventy pounds of tobaccoe then that the Said
noate Should oblidge him the Said Ninian Beall to pay the Same to him the
Said Samuell Scott when he Should be thereunto Required and the Said Samuell
Scot in fact Saith that afterwards to witt the day yeare and place aforesaid
Speaking to the Said William Parker demanded of him if he would pay the Said
noate or order for the Said Sume of Seaven hundred and Seaventy pounds of
tobaccoe which then he Shewed him the Said William Parker and the Said
William Parker Answered that he would not pay the Said Sume and the Said
Samuell Scot in fact further Saith that the Said William Parker at any time
Since the Said Sume of Seaven hundred and Seaventy pounds of tobaccoe to
the Said [119] Samuell Scott hath not paid nor any manner for the Same
Sattisfied Yett the Said Ninian Beall his promise and Assumption aforesaid
made Little Regarding but deviseing and fraudulently intending him the Said
Samuell Scott in this behalfe Craftily and Subtilly to deceive and defraud he
the Said Ninian Beall him the Said Samuell Scott the Said Sume of Seaven
hundred and Seaventy pounds of tobaccoe to him the Said Samuell Scott Altho
Afterwards to witt the day yeare and place aforesaid he was thereunto Required
hath not paid but the Same to pay hath denyed and Still doth denye to the
damage of the Said Scot 1500 lbs. of tobaccoe and thereupon he bringeth his
Suite.

Samuell Watkins pro Querens Pledges etc. John Doe, Richard Roe.

And the Said Ninian Beall by James Cranford his Attorney Cometh and de-
fendeth the force and Injury when etc. and prayeth Lycence thereof to Imparle
here untill the next Court and it is granted unto him the Same day is given to
the plantiffe alsoe.

Att which Said next Court (to witt) the 26th day of January Annoque
Domini 1696 [1697] Came here the Said Samuell Scott by William Bladen his
Attorney and prayeth that the Said Ninian Beall to his decleration aforesaid may
Answer etc. And the Said Ninian Beall Either by himselfe or his Attorney
although Sollemly Called Came not but made Default.

Therefore it is Considered that the Said Samuell Scott Recover against the
Said Ninian Beall as well the Said Sume of Seaven hundred and Seaventy
pounds of tobaccoe his damages Occationed by the premises as alsoe the Sume
of two hundred forty and Six pounds of tobaccoe to the Said Samuell Scott att
his Request for his cost and Charges in this behalfe Laid out and Expended and
by the Court here Adjudged etc. And the Said Ninian Beall in mercy etc.

This following Attechment was transmitted out of the Records of Calvert
County.

Richard Keene against Thomas Keniston Garnishee of Cato Macdaniell.

Command was given to the Sheriffe of Calvert County that of the goods
Chatties and debts of Cato Mackdaniell in any part of his County he Attech
as well to the vallew of Eight hundred and fifteen pounds of a Certaine Debt
due to the Said Richard Keene from the Said Cato Mackdaniell and Recovered
against him in Calvert County Court the 3d Tuesday in September 1695 as alsoe
the Sume of three hundred and fifty pounds of tobaccoe Cost of Suite and
Likewise that hee Summons any Such person or persons in whose hands he
Should Attech the Said goods Chatties or debts to the vallew aforesaid or any
part thereof that they be and Appeare before the Justices of our next Calvert