MARCH, 1699 COURT 469

The truth of the mattar in Controversie between the Parties aforesaid being
by the Court here Seen herd and understood and Maturely deliberated It is
Considered that whereas the Said John Fisher cannot Produce the Originall
Bill of Exchange hee the Said Fisher take nothing by his Said Writt but be in
mercy for his Fake Clammer and that the Said John Wight and Ann his Wife
goe thereof without day etc. it is likewise Considered that the Said John Wight
and Ann his wife recover against the Said John Fisher his dammages by Occa-
tion of the premisses to pounds of Tobacco to the Said John Wight by
discression of the Justices here att their request for their Cost and Charge in
this behalfe Susteined according to the forme of the Statute: etc. by the Court
here adjudged etc.

Joseph Jacson and Company Plantiff: John Chappman Defendant

John Chappman Late of Prince Georges County Planter otherwise Called
John Chappman of Prince Georges County in the Province of Maryland
Planter was Summoned to answer unto Joseph Jackson and Company of London
Merchants of a plea that he render unto them the full and just sume of two
thousand two hundred twenty and four pounds of good Sound merchantable
Leafe Tobacco in Caske Free from all manner of trash and Ground leave[s]
which to them hee oweth and from them unjustly deteineth etc.

And whereupon the Said Joseph and Company by Joshua Cecell their attor-
ney Saith that whereas the the Said John the thirteenth day of September in
the year of our Lord 1698 att Charles Towne within the Jurisdiction of this
Court by his certaine Bill Obligatory which the Said Joseph and Company with
the Seal of the Said John Signed bringeth here into Court the Date whereof is
the Day and year aforesaid did by his Said bill obligatory binde himselfe his
heires Executors administrators to pay or Cause to be Paid unto the Said Joseph
Jackson and Company of London Merchants the Full and Just Sume of two
Thousand two hundred twenty and four pounds of good sound merchantable
Leafe Tobacco in Caske free from all manner of trash and Ground leaves Con-
venient in the Said County by or upon the tenth day of October next Ensueing
the Date of the Said bill Obligatory Notwithstanding which the Said John the
Said Sume of 2224 pounds of Tobacco According to the tennor of the Said bill
obligatory although often required the Same to the Said Joseph and Company
hath not rendred but the Same to render to the Said Joseph and Company hath
hitherto refused and Still doth refuse to the damage of the Said Joseph and
Company of 4000 lbs. of Tobacco and thereof they bring their Suite, etc.

Pledges etc. John Doe, Richard Roe. Joshua Cecell.

Whereupon the Said John Chappman by James Cranford his Attorney comes
and defends 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 Plantiff likewise And now here att this day (to witt) the (28) day
of March 1699 came here as well the Said Joseph Jackson and Company as the
Said John Chappman by their attorneyes aforesaid and the Said Joseph Jackson
and Company by their attorney aforesaid prayeth that the Said John to their
Declaration aforesaid may answer.

Whereupon the Said John Chappman by his Attorney aforesaid cometh and
Defendeth the force and Injury when etc. and Saith that he is not informed by
the Said John Chapm[an] in the plea aforesaid and nothing more thereof Saith
by which the Said Joseph Jackson and Company remaineth against the Said John
Chappman without defence.