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Two thousand three hundred and four pounds of tobacco quallÿfÿed as afsd yt Then this obligation to be voÿd: of none Effect otherwise to Stand in full force power and vertue And Thereupon ye Sd Deft bÿ Sd Attrÿ praÿs leave to Imprle untill next Court and he hath it ye Same Daÿ was Given the pltf allsoe att wch Said next Court being ye 27th Daÿ of June anno Dñi 1704 ye Sd partÿes appear’d and this accõn was Continued untill next Court att which Said next Court to witt this 22th Daÿ of Augt ano Dñi 1704 Comes ye Sd partÿes bÿ their Attrÿs afsd and ye Sd pltf praÿs ye Sd Deft maÿ answr: to his Declan afsd Whereupon ye Sd Deft appears in his proper prson, and his Sd Capacitie and Saÿeth yt he Can not Gainesaÿ ye pltf in his accõn afsd Soe afsd brought, and is therefore willing that Judgt be Intrd agt him &ca in his Capacitie afsd & ye Sd pltf here in open Court releases ye penaltÿ of ye afsd obligation Which being bÿ ye Court heard and fullÿ understood It is bÿ ye Justices here Considered this 22th Daÿ of Augt ano 1704 That ye Sd James Wroth pltf recover agt ye Sd Giles Bond In his Sd Capacitie thousand three hundred and four pounds of tobacco the principall Debt in ye afsd Condiõn mentioned as ye Sume of two hundred thirtÿ & nine pounds of tobacco Cost of Suit and ye Deft in mercÿ &ca
on ye 8th Daÿ of 7ber ano Dñi 1691 in Sd Countÿ of Tallbot wth his Seal as his act & Delivered and here in Court brought whose Date is ye Same Daÿ & year Did bind himselfe his heires Exrs admrs and assignes to paÿ or Cause to be paid unto ye afsd pltf his heirs Exrs admrs: or assignes the afsd Sume of 800 as Afsd att or upon ye tenth Daÿ of October next Ensueing ye Date of ye Same bill Convenient in Chester River in Tallbott Countÿ afsd yett notwthstanding ye Said John Loÿd ye afsd Sume of 800 Said pltf he hath not paid allthough often Demanded but ye Same to paÿ he hath Denÿed and refused and Still Doth Denÿ and refuse & unjustlÿ Detaine to ye ~ Damãge of ye Sd pltf 1600 Earle pr qr. Pledges &ca Jon Doe Ricd Roe And the Sd Deft Comes bÿ Macklin his attrÿ and Defends the force & Injurÿ when &ca and Craves Oÿer of ye pltfs attrÿ’s power wch is Shewen unto him he allsoe Craves oÿer of ye obligation on which ye accõn is wch is read to him &ca and Thereupon ye Sd Deft bÿ his Sd attrÿ praÿs leave to Imprle untill next Court wch was Granted unto him the Same Daÿ was Given the pltf from wch Sd next Court to witt from ye fourth Tuesdaÿ in 7ber ano Dñi 1703 this accõn was Continued from Court to Court untill this prsent att wch Sd prsent Court to witt this 22th Daÿ of augt anno Dñi 1704 Comes ye Sd pltf bÿ his attrÿ afsd and praÿs yt ye Sd Deft maÿ answer to ye Declan afsd but The Sd Deft Cometh not neith bÿ himself or his attrÿ but maketh Default |
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