Charles County Court Proceedings, 1662-1666.     607

        The Plt Declaers against the Defendant in an action of debt to Liber B
      the valew of flue hundered and thirty pounds of tobacco bill for
      that the defendant stands indebted to the Plt: the sayd sume of
      tobacco as more at large by his bill will appeare and is denied payment
      thearof thearfor the plantiue humbly Craueth order of Court for his
      sayd debt with Cost and Charge of suite

        Whearupon the Dft desireth that the Plt might proue his bill to
      which the Plt alleaged that his witneses are not in the Countye whear-
      upon the defendant Craued a nonsuit with Cost and Charge of suit
      It is thearfor ordered that the Plantiue shall bee nonsuited and pay
      the Cost and Charge of suit

      John Lumbrozo Plantiue   The Plantiue Aresting the Dft in [p. 503]
      Jheromy frost Defendant an action of debt to the valew of
    his Atturney Mr Wm Price   four hundered pounds of tobacco
                           Prcfcrcth his dcclaration as fol-
                           loweth:
      John Lumbrozo Plantiue
      Jheromy frost P his Attur: Mr Wm Price Defendant:
        The Plantiue Declaers against the defendant in an Action of debt:
      to the valew of four hundered pounds of tobacco for that the Defen-
      dant standeth indebted unto the Plt the sayd sume of tobacco as P bill
      more at larg will appear and is denied payment thearof the plantiue
      hath entered his suit Humbly Crauing order of Court for his sayd
      debt with Cost and Charge of Suit

        Whearupon the Plantiue put himself upon the proue of his bill
      beeing thearunto urged by the Defendant and humbly Request that
      Georg harris might haue his oath giuen him which was granted

        George Harris Sworne and Examined in open Court sayeth that
      hee saw a bill of four hundered pounds of tobacco or thearabouts past
      from Jheromy frost to Doctr John Lumbrozo to the which hee and
      Mr Lugar wear witneses and further sayeth not

        Whearupon the Plantiue desired that John boyden might haue his
      oath giuen him which was granted

        John boyden sworne and examined in open Court sayeth that hee
      demanded of the defendant the valew of one thowsand pounds of
      tobacco for the Plantiue and the defendant answared him that the
      tobaco was not Ready but when it was hee shoold haue it and fur-
      ther sayeth that the Plantiue profered him bills to receaue it by and
      further sayeth not

        Whearupon the defendant alleageth that singularis testis non est
      testis and that allso not taken out according to the act of Assembly
      Prouided in that behalfe for the cntri of warrants and thearfor
      Craueth a nonsuit: It is thearfor ordered that the Plantiue shall bee
      nonsuited and pay the Cost and Charge of suit: