JANUARY, 1697/8 COURTS 311

Request for his Costs and Charges in this behalfe Sustained According to the
forme of the Stattute etc. by the Court here Adjudged etc.

William Howard plantiffe: Ninian Beall Defendant

Prince Georges County Ss. Ninian Beall Late of Prince Georges County
Gentleman was Attached to Answer unto William Howard of a plea of trespass
upon the Case etc.

And whereupon the Said William by William Stone his Attorney Complaineth
that whereas the Said Ninian on or about the 23d day of August in the yeare of
our Lord 1694 att Charles Towne within the Jurisdiction of this Court was
Indebted unto the Said William in the Sume of three hundred ninty and two
pounds of tobaccoe being Soe much tobaccoe Received of one Thomas Arnalld
by the order and for the use of the Said William And the Said Ninian being
Soe Indebted as aforesaid Inconsideration thereof did Assume upon himselfe
and to the Said William then and there Faithfully promise that he the Said
Ninian the Said Sume of 392 lbs. of tobaccoe to the Said William when he
Should be thereunto Requested would well and truly Content and pay Never-
theless the Said Ninian his promise and Assumption aforesaid not at all Regard-
ing but minding and fraudulently Intending him the Said William in this
behalfe Craftily and Subtilly to deceive and defraud the Said Sume of 392 lbs.
of tobaccoe to the Said William hath not paid Although the Said Ninian after-
wards the day and place aforesaid to doe the Same by the Said William was
often thereunto Requested but hath hitherto Refused and Still doth Refuse to
the Dammage of the Said William of of 600 lbs. of tobaccoe and thereof he
bringeth his Suite etc.

William Stone Pledges etc. John Doe, Richard Roe.

And the Said Ninian Beall by John Meriton his Attorney Cometh and de-
fendeth the Force and Injury when etc. And prayeth Lycence to Imparle here
untill the next Court and it is granted unto him the Same day is given to the
plantiffe Likewise. And now here at this day (to witt) the 25th day of January
Annoque Domini 1697 [1698] Came as well the Said William Howard as the
Said Ninian Beall by their Attornys aforesaid and the Said William Howard
prayeth that the Said Ninian Beall to his Decleration aforesaid may Answer
etc. Whereupon the Said Ninian Beall by John Meriton his Attorney Cometh
and defendeth the force and Injury when etc. and Saith nothing in barr of the
Action of the Said William Howard by which the Said William Howard Re-
maineth against the Said Ninian Beall thereof without Defence etc. Therefore
it is Considered that the Said William Howard Recover against the Said Ninian
Beall as well the Sume of three hundred ninty two lbs. of tobaccoe for his
Damages in the premises which he hath Sustained by Occation of the Non-
performance of the promise and Assumption of the Said Ninian Beall to the
Said William Howard Lately made as alsoe the Sume of two hundred and
twenty lbs. of tobaccoe for his Costs and Charges in this behalfe Sustained to
the Said William Howard of his Assent by the Court here Adjudged And the
Said Ninian Beall in mercy etc.

[286] John All ten plantiffe: Robert Percy Defendant

John Allten by William Stone his Attorney brought his Majesties writt against
Robert Pearce in a plea of Debt due by bill for the Sume of Eight hundred
pounds of good Sound Merchantable tobaccoe in Caske which to him he oweth