Volume 57, Page 412 View pdf image (33K) |
412 Provincial Court Proceedings, 1668—69. Liber FF last Court the first day of this Court which hee doth now deliuer into Court wherein hee saith that the defts answere is insufficient in law to be replyed unto for many faults and imperfeccons therein, Wherefore Ordred that the deft doe put in a better Answere next Court, as alsoe his Rejoynder to the Replicacon of the Complts: Reymond Staplefort plt Morecroft p quer. John Auery deft Jenifer p defendt This Cause resplted from last Court, the plt sueing the defendt in an accon of the Case for three Thowsand Three hundred pounds of tob: The defendant puts in his plea as follö: [p.756] And the said John by Daniel Jenifer his Attorny Comes & defends the force & Injury when &c: and sayes that the aforesaid Reymd ought not to haue his accon aforesaid, for that whereas in the As- sembly of Caecilius &c at St Johns in St marys County wthin this Prouince the 4th day of march 1667 in the 16th yeare of his Dominion holden sett forth (amongst other things) it was enacted by the Authority of the same Assembly that noe Contracts or Other Reckon- ings upon Accompt Book or Otherwise then by specialty Onely wch shall bee aboue nine months Standing shall bee pleadeable in any Court wthin this Prouince except such as were before the end of the same Assembly Contracted as by the said Act may more fully appeare And the said John for plea further saith that long before the day of procuring the Originall writt agt him there was aboue nine months time Elapsed and past betwixt the time alleadged by the said Rey- mond in his Declaracon when the supposed Assumption by the said John was made and the sueing forth the said Originall writt and this hee is ready to auerre wherupon hee demandeth Judgmt if the aforesaid Reymond his accon aforesaid against him ought to haue &c: Jenifer The aforesaid Act being allowed by the Court for a Sufficient plea in Barr to the plaintiffs declacon Judgmt past by the Board for the defendt against the plaintiffe John Auery plaintiffe Morecroft p quer. Eliz: Brook Admx of Jenifer p defendant Rob: Brook defendant Ordered last Court that the deft should make her appearance to this Court and bring wth her all papers relateing to the perfecting of her Accompt in and Concerning the Estate of her said deceased hus- band and that she doe then deliuer in a perfect Acct of the same The defendt hauing appear'd accordingly doth now Exhibite into Court an Accompt of the sd Estate which being not formall and according to Method, Nor producing Copyes of those Orders which past against the said Estate in the County Court |
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Volume 57, Page 412 View pdf image (33K) |
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