30 PRINCE GEORGES COUNTY

Keene one noate or order with the proper hand and name of the Said Ninian
Beall Subscribed and to one Mr. William Head directed for payment thereof
and the Said Ninian Beall Affterwards (to witt) the day yeare and place afore-
said In consideration of the premises did Assume upon himselfe and to the Said
Richard Keene Faithfully promised and Oblidge himselfe that if the Said Wil-
liam Head did not pay the Said Sume of 2777 lbs. of tobacco then that his Said
noate Should Oblidge him the Said Ninian Beall to pay the Same to him the Said
Richard Keene when he Shold be thereunto Required and the Said Richard
Keene in fact Saith that affterwards (to witt) the day yeare and place aforesaid
Speaking to the Said William Head demanded of him if he would pay the
Said noate or order for the Said Sume of 2777 lbs. of tobacco which then he
Shewed him the Said William Head and the Said William Head answered that
he would not pay the same and the Said Richard Keene in fact further Saith
that the Said William Head at anytime Since the Sume of 2777 lbs. of tobacco
to the Said Richard Keene hath not paid nor any manner for the Same Sattisfied
Yett the Said Ninian Beall his promise and Asumption aforesaid made little
Regarding but deviseing and Fraudulently intending him the Said Richard
Keene in this behalfe Crafftily and Subtilly to deceive and defraud he the Said
Ninian Beall him the Said Richard Keene the Said Sume of 2777 pounds of
tobaccoe to him the Said Richard Keene Although 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 Richard
Keene 4000 lbs. of tobacco and thereupon he bringeth his Suite. And the Said
Richard Keene bringeth into Court here the Said noates etc.

Samuell Wattkins pro querens. Pledges etc. John Doe, Richard Roe.

And the Said Ninian Beall by James Cranford his Attorney Cometh and
Defendeth the aforesaid force and Injury when etc. and prayeth Lycense to
Imparle till next Court and itt is granted unto him the Same Day is given to the
Said Plantiffe alsoe.

And now here att this day (to witt) the 25th day of August Annoque Domini
1696 Came the Said Richard Keene by Samuell Watkins his attorney and prayeth
that the Said Ninian Beall to his Declaration aforesaid may Answer etc. But the
Said Ninian Beall nor his attorney appeared not but made default by which the
Said Richard Keene remaineth against the Said Ninian Beall thereof unde-
fended etc.

Therefore itt is Considered by the Court here that the Said Richard Keene doe
Recover against the Said Ninian Beall his Damages aforesaid by Occation of not
performing his promise and Assumption aforesaid to two thowsand Seaven hun-
dred Seaventy Seaven pounds of tobaccoe and alsoe the Sume of three hundred
thirty Eight pounds of tobaccoe to the Said Richard Keene att his Request for
his Cost and Charges in this behalfe Expended and by the Court here Adjudged
and the Said Ninian Beall etc. in mercy etc.

[32] [Ch]arles Barrow plantiffe: [Jo]hn Davis Defendant.
The plantiffe by Christopher Gregory his attorney Sues the Defendant for