MARCH, 1697/8 COURT 337

Caske to Containe the Same to be paid upon all Demands to which payment
well and truly to be made and Done the Said Charles did bind himselfe his
heires Executors Administrators firmly by those presents Notwithstanding which
the Said Charles the Said Sume of 4200 lbs. of tobaccoe and Caske According
to the tennor of the Said bill Obligatory Although often Required the Same to
the Said Allexander hath not paid but the Same to pay to the Said Allexander
hath denyed and Still doth denye to the Damage of the Said Allexander of
8000 lbs. of tobaccoe and thereupon he brings this Suite etc.

Pledges etc. John Doe, Richard Roe. Meriton.

And now here at this day (to witt) the 22d day of March Annoque Domini
1697[1698] Came as well the Said Allexander Magruder by his Attorney afore-
said as the Said Charles Tracey in his proper person in Custody of the Sheriffe
etc. And the Sheriffe now Returneth that he hath taken the body of the Said
Charles Tracey and the Same hath Ready here in Court And the Said Charles
Tracey present here in Court is Committed to the Costody of the Sheriffe for
Default of Manucaptors there to Remaine untill etc. And hereupon Came into
Court David Small in his proper person and undertooke for the Said Charles
Tracey that if it Should happen the Said Charles Tracey in the plea aforesaid
to be in any manner Lawfully Convicted then he the Said David Small doe
grant for himselfe the Debt aforesaid and allsoe all Costs and Damages to the
Said Allexander Magruder in any manner by the Court here to be Adjudged
to be made and Levyed of his goods and Chatties Lands and tenements to the
use of the Said plantiffe if it Should happen the Said Defendant pay not the
Debt and Costs aforesaid nor Render his body to the Costody of the Sheriffe
for the Same there to Remaine untill etc.

And Whereas the Said Said plantiffe haveing Caused a Coppy of the Declera-
tion aforesaid by by the Sheriffe Delivered to the Defendant at the time of
Serving the writt which was Eight dayes before this Court Whereupon the Said
plantiffe prayeth that the Said Defendant to his Decleration aforesaid may
Answer this Court According to Act of Assembly in Such Cases made and pro-
vided etc. Whereupon the Said Charles Tracey in his proper person Cometh
and Defendeth the force and Injury when etc. And Saith that he Cannot gainsay
the Action of the Said plantife nor but the Said bill or writeing Obligatory is
the Deed of the Said Charles Tracey nor but that he oweth the Said Sume of
four thowsand two hundred pounds of tobaccoe to the Said Allexander Ma-
gruder in forme as the Said Allexander Magruder above against him hath
Declared etc.

Therefore it is Considered that the Said Allexander Magruder Recover against
the Said Charles Tracey the Sume of four thowsand two hundred pounds of
tobaccoe his Debt aforesaid and his Damages by Occation of Deteyning of the
Said Debt Six hundred and ninty pounds of tobaccoe to the Said Allexander
Magruder of his Assent by the Court here Adjudged And the Said Charles
Tracey in mercy etc.

Charletts Administrator plantiffe: Richard Stevens Defendant
The plantiffe by William Stone his Attorney brought his Majesties writt
against the Defendant in a plea of Debt for nine hundred and fourteen pounds
of good Sound [309] Merchantable Leafe tobaccoe Cleare from trash and
ground Leaves and Caske to Containe the Same as by Decleration and bill filed
bearing date the 25th day of Aprill Annoque Domini 1692 more at Large
Appeareth etc.