SEPTEMBER, 1697 COURT 261

of good Sound Marchantable Leafe tobaccoe and Caske which to him he oweth
and unjustly Deteyneth etc.

And whereupon the Said Ninian Beall by John Meriton his Attorney Com-
playneth that [239] Whereas the Said Hugh Riley the 27th day of Febuary
1693/4 by his Certaine bill or writeing Obligatory Sealed with the Scale of him
the Said Hugh and here in Court produced whose date is the day and yeare
aforesaid did bind himselfe his heires Executors and Administrators to to pay or
Cause to be paid unto Ninian Beall of the Same County his heires Executors
Administrators or Assignes the full and Just Sume of three thowsand two hundred
pounds of good Sound Marchantable Leafe tobaccoe and Caske Convenient in the
Freshes of Pattuxent River at or upon the tenth day of January next Ensueing the
date hereof Notwithstanding which the Said Hugh Riley the Said Sume of 3200
lbs. of tobaccoe According to the tennor of the Said bill or writeing Obligatory to
the Said Ninian Beall Altho often demanded hath not paid but the Same to pay
hath denyed and Still doth denye to the Damage of the Said plantiffe of 6000
lbs. of tobaccoe and thereupon he brings this Suite.

Pledges etc. John Doe, Richard Roe. John Meriton.

And the Said Hugh Riley by William Stone his Attorney Cometh and defend-
eth the force and Injury when etc. And the Said Ninian Beall by John Meriton
his Attorney this 28th day of September 1697 Cometh and Saith that he hath
Caused a Coppy of the Decleration aforesaid to be Left by the Sheriffe with the
Said Hugh Riley att the time the Sheriffe Served his Majesties writt for the Said
plantiffe upon the Said Defendant Whereupon the Said plantiffe prayeth that
the Said Defendant to his Decleration aforesaid may Answer etc. According to Act
of Assembly in that Case made and provided etc.

And now here at this day (to witt) the 28th day of September Annoque Domini
1697 Came the Said Hugh Riley by William Stone his Attorney Cometh and De-
fendeth the force and Injury when etc. and Saith that the Said Ninian Beall his
Action aforesaid in forme aforesaid against him ought not to have because he
Saith that at the time of the insealing and delivering of the bill Obligatory men-
tioned in the plantiffs Decleration that is to Say the 27th day of Febuary 1693/4
that then this Defendant was in Duris of Imprisinment that is to Say in Costody
of the Said Ninian Beall then high Sheriffe of Calvert County and this he is
Ready to Verryfie and prayes Judgment etc.

William Stone.

And the Said plantiffe by his Attorney aforesaid Saith that the Said Hugh
Riley was not in Duris and prayes Judgment of this Court.
(John Meriton) and the Defendant alsoe. William Stone.

The truth of the matter in Controversie between the parties aforesaid by the
Court here being fully heard understood and Maturely Deliberated And the
Wittnesses on Each part Respectively being produced Sworne heard and Exam-
ined It is thereupon Considered that the Said Ninian Beall Recover against the
Said Hugh Riley the Sume of three thowsand two hundred pounds of tobaccoe
his Debt aforesaid And his Damages by Occation of Deteyning the Said Debt
nine hundred fifty Seaven pounds of tobaccoe to the Said Ninian Beall of his
Assent by the Court here Adjudged etc. And the Said Hugh Riley in mercy etc.

Richard Edwards plantiffe: Cortny Crotoffe Defendant

The plantiffe by John Meriton his Attorney brought the writt of our Sovereigne
Lord the King against Cortly Crotoffe of a plea of trespass upon the Case etc.