Provincial Court Proceedings, 1676.     353

         of tobacco costs of Suite, but So as execution Stay untill debts of a Liber N N
         higher nature be first Satisfied and paid.

        Jacob Leistler   Elizabeth Delaroch late of st Maries County p. 216
            agt executrix of the last will & Testaments of
         Elizabeth Delaroch exx Charles Delaroch deceased was Sumöned to
          Charles Delaroch   answer unto Jacob Leister of a plea that
          she render unto him the summe of sixty two
         pounds of tobacco which from him she unjustly deteineth
          And whereupon the said Jacob by Robert Carvile his Attorny
         saith that whereas the said Charles Delaroch upon the five and twen-
         tith day of ffebruary in the yeare of Our Lord 1674 by his certaine
         bond or writeing Obligatory Sealed with the seale of him the said
         Charles & here in Court produced whose date is the day and yeare
         abovesaid did confesse & acknowledge himselfe to Owe and Stand
         justly indebted unto the said Jacob Leisler in the full & just Summe
         of Sixty two thousand pounds of good Sound merchantable tobacco
         in caske to be paid to the said Jacob Leisler his heirs executrs admts
         or assignes at some convenient place in St Maries County upon all
         demand after the tenth of October next following the date thereof
         Yet notwithstanding the Said Charles in his life time nor the said
         Elizabeth Since his death though often thereunto required the said
         summe of sixty two thousand pounds of tobacco to him the said
         Jacob have not rendred or paid but the same to pay have hitherto
         denyed & refused & Still doe deny & refuse to the damage of the
         said Jacob eighty thousand pounds of tobacco & thereupon he bring-
         eth his Suite.
          And the said Elizabeth by Kenelm Cheseldyn her Attorny cometh
         & defendeth the force & injury when &c and prayeth heareing of
         the writeing Obligatory aforesaid & it is read unto her she also
         prayeth the heareing of the Condition of the said writeing Obligatory
         & it is read unto her in these words The Condition of this present
         Obligation is such that if the abovebounden Charles Delaroch his
         executrs or assignes shall well & truly pay or cause to be paid unto
         the abovenamed Jacob Leisler his heirs assignes or Order the summe
         of thirty One thousand pounds of Sound merchantable tobacco in
         caske, twenty foure thousand pounds of it is to be paid Out of the
         publique pay which is now present due en de rest being Seaven thou-
         sand pounds in manner as is above exprest which said summe of
         tobacco is for a consideration in hand already by me received Then
         this prsent Obligation to be void & of none effect or else to remaine
         & be in full force effect & virtue Sealed with my seale the 25th of
         ffebruary Annoq Dom 1674/5. which being read & heard the said
         Elizabeth by Kenelm Cheseldyn her Attorny cometh & defendeth
         the force & injury when &c and saith that the conditions of the
         aforesaid Obligations are well and truly observed & paid and of this