Provincial Court Proceedings, 1668. 303

      And the said George Day by protestation saith that he the said Liber FF
     George by the plea of him the said Luke above in barn pleaded is
     not sufficient to preclud him the said George from his action a fore-
     said for he saith that the said Act was made to prevent double pay-
     ment of debts and was intended Only to the debts of them who Keepe
     bookes and was made in imitation of an Act of parliament made in
     the sevententh yeare of King James and confirmed and made per-
     petuall by an Act of Parliament made in the One and twentith yeare
     of King James and extendeth not to persons that keepe not books
     and accompts but that they may bring their actions of Case at any
     time within six yeares by the statut of limitations and of this he pray-
     eth the judgmt of the Court and the said Luke likewise.
                                     Morecro ft p quef.

      The judgment of the Court is that the deft have the benefitt of
     that Act entitled An act touching payment of debts whereupon this
     suite was dismissed with costs.

     James Martin et ux Notley p quer
                           An action of trespas.
     ag Luke Gardner Morecroft p def
      This Cause being resplted untill this Court the deft signes for
     error that there is no certainc number of Acres mentioned in the
     declaracon as it Ought to be. That the declaration saith that the deft
     did enter the plantacon of the plaintiffs which are words proper in
     an action of forceable entry, the words in trespas are the plantation
     did breake.                       Jno Morecroft

      Time Granted the plaintiff till the morrow morning to reply to the
     deft demurrer.
     Patrick Dew agt                             Rozer p quer    [p. 599]
     Jno Gramer    Morecroft p deft
      This Cause being upon appeale from the County Court of Calvert
     by the deft to the last provinciall Court, was then Ordered that
     both parties be at this Court and the said Cause then to be tryed and
     determined.
      It is now Ordered by the Court that the same be resplted till next
     Court.
     James Humes agt  Morecroft p quer  In a plea of trespas
     Henry Robinson et uxf        Jenifer p deft  upon the Case
      This cause being resplted till this Court the defts for plea Say
     That they are in no wise guilty of the prmisses as in the plaintiffs
     declaration is alleadged and of this they putt themselves upon the
     Country And the said James likewise. Daniel Jenifer.

      Wherefore Comand is Given to the Sheriff that he suthon &c.