Provincial Court Proceedings, 1676.     359

          And whereupon the said John by Robert Carvile his Attorny saith Liber N N
         that whereas the said Richard the Sevententh day of July in the
         yeare of Our Lord 1674 by his certaine bond or writeing Obligatory
         Sealed with the Seale of him the said Richard and here in Court
         produced whose date is the day and yeare abovewritten did confesse
         and acknowledge himselfe to owe and stand indebted unto the said
         John in the full and just summe of Eighty thousand pounds of good
         tobacco & caske to be paid to the Said John Harris his heirs executrs
         admrs or assignes Yet notwithstanding the said Richard the said
         Summe of eighty thousand pounds of tobacco and caske to him the
         said John according to the tenor of the writeing aforesaid hath not
         hitherto paid or Satisfied though often thereunto requested but the
         same to pay doth deny & refuse to the damage of the said John One
         hundred thousand pounds of tobacco and thereupon he bringeth his
         suite.
          And the said Richard in his proper person cometh and defendeth
         the force & injury when &c and prayeth the heareing of the said
         writeing Obligatory and it is read unto him he also prayeth heareing
         of the Condition of the said writeing Obligatory and it is read unto
         him in these words The Condition of this present Obligation is such
         that if the abovebounden Richard Ball his heirs executrs admrs them
         or any of them shall well & truly pay or cause to be well & truly paid
         & contented unto Thomas Taylor of the County of Ann Arundell
         merchant or his Order to the use and accompt of John Harris above-
         said merchant his heirs executrs admrs or assignes in good sufficient
         caske well nayled the full and just quantity of One hundred hhds of
         good sound cleane and well conditioned tobacco without ground p. 220
         leaves or seconds at the time and places hereafter nominated and
         appointed each hhd to containe foure hundred pounds of neate to-
         bacco at the least to Say Sixty hhds of tobacco to be paid as aforesaid
         Oii the thirtith day of Novcmbcr next ensueing thc datc hereof in
         Petapsco River and thirty upon the Same betweene Petapsco River
         & Bush River in all ninty hhds to be paid as aforesaid and tenn
         hhds to be paid unto the said Taylor or his Order in Petapsco River
         the thirtith of November which shall be in the yeare of Our Lord
         1675 So that the whole quantity whether in hhds more or lesse all to
         containe forty thousand pounds of neate tobacco then this present
         Obligation to be void or else to remaine in full force power & virtue
         Signed sealed & delivered the day & yeare abovewritten. Which being
         read & heard the said Richard saith nothing in barr of the plaintiffs
         action but that the said John recover against him the summe of
         Eighty thousand pounds of tobacco, Therefore it is considered by
         the Court here the nine and twentith day of November Anno Dom
         1676 that the said John Harris recover against him the said Rich-
         ard Ball the summe of Eighty thousand pounds of tobacco for his
         debt and damages aforesaid with five hundred flinty Seaven pounds
         of tobacco for costs of Suite and the said Richard in mercy &c.