Provincial Court Proceedings, 1676.     263

         hereunto untill the next Provinciall Court & it is granted him the Liber N N
         same day is given to the said Marke.
           Now here at this day to wit the twelfth day of April in the first
         yeare of the Dominion of Charles Lord Baltemore &c Annoq Dom
         1676 came the said Marke by his Attorny and the said Evan by his
         Attorny came also and the said Evan saith that the said Marke
         his Action aforesaid against him ought not to have, because he
         saith that by a certaine Act of Assembly begunn & held at the Citty
         of st Maries the thirtenth day of April in the yeare of Our Lord
         1669 entituled an Act for Limitation of certaine actions for avoid-
         ing suits at Law it was amongst other things enacted That all actions
         of trespasse Quare Clausum fregit, all actions of trespas detinue,
         sur trover & replevin for takeing away goods & Chattells all actions
         of accompt contract debt booke and upon the case other than Such
         accompts as concerne the trade of merchandize between mercht and
         merchants their ifactors & Servants that are not resident within this
         Province all actions of debt for lending or contract without Specialty
         all actions of debt for arrearages of Rent and all actions of Assault
         menace battery wounding and imprisonment or any of them which
         shall be sued or brought by any person or persons within this Prov-
         ince at any time after the end of the said Assembly shall be comenced
         and Sued within the time hereafter expressed That is to say the said
         actions of the case other then for Slander and the Said actions of
         accompt and the said actions of trespas detinue debt & replevin for
         goods & chattells and the said actions of trespas Quare Clausum
         fregit within two yeares next after the end of that Sessions of As-
         sembly or within two yeares next after the cause of such actions
         and not after, and the said actions upon the case for words & actions
         of trespas and assault battery wounding imprisonment or any of
         them within One yeare after the end of that Generall Assembly or
         within One yeare after such cause of action & not after as by the
         said Act may more at large appeare And the Said Evan further
         saith that the said Assembly ordered the sixth day of May in the
         said Yeare of Our Lord 1669 and the goods & merchandizes by
         the declaration supposed to be sold & delivered to the said Evan on
         which the consideration for the assumpsit is grounded were by the
         plaintiffs own shewing delivered unto him betweene the twelfth day
         of January 1670 and the tenth day of April 1673 and that the said
         Marke his writ for the said action the six and twentith day of p. 164
         November in the yeare of Our Lord 1675 tooke Out and not before
         which writ in forme aforesaid presented, was not prosecuted within
         two yeares next after the end of the aforesaid Sessions of Assembly
         nor within two yeares after the cause of action or suite aforesaid
         according to the forme of the Statute aforesaid and this he is ready
         to averre and demandes judgment that the Said Marke his action
         aforesaid against him ought to have.