Volume 67, Page 329 View pdf image (33K) |
Provincial Court Proceedings, 1677/8. 329 end of that prsent Genll Assembly shall be comenced & sued within Liber N N the tyme & lymitacon thereafter expressed & not after, that is to say, the said actions of the case (other then for slander) & the said actions for accompt, & the said actions for trespas debt detinue & replevin for Goods & Chattells, & the said actions of trespas quare clausum fregit within two years next after that prsent Sessions of Assembly, or within two yeares after the cause of such action & not after As by the said Act relation being thereunto had may more att large appeare. And itt appearing by the said Garretts own shewing in & by his said accompt that foure thousand two hundred thirty eight pounds of tobacco part of the said sume of foure thousand six hun dred fifty eight pounds of tobacco in the Declaracon menconed is above two yeares standing since the cause of Action The said John therefore as to the said sume of foure thousand two hundred thirty eight pounds of tobacco pleadeth the said Act of Assembly in barr, & as to foure hundred & twenty pounds of tobacco the remainder of the said accompt, the said John saith he aliwayes was & still is ready to pay, & thereupon demands judgemt if the said Garret his action aforesaid ought to have And the plaintiffe also Whereupon itt is considered by the Court here, the Declaracon & plea aforesaid being read & by the Justices here fully understood, that the said Garret recover agt the said John Blomfeild the sume of foure hundred & twenty pounds of tobacco damages occasioned by the trespas afore said And also pounds of tobacco costs of suite Garre VSweringen James Mills late of Baltemore County planter p. 565 agt Exr of the last Will & Testament of Samuell James Mills Ext Boston deceased was Sumoned to Answer unto Sam' Boston Garret VanSweringen of a plea that he render unto him the full sume & just quantity of Eleven thousand pounds of good sound Mrchantable tobacco & cask which from him he unjustly detaines And whereupon the said Garret VanSweringen by George Parker his Attorney saith, that whereas the said Samuell Boston the seventh day of April Annoq3 Doni One thousand six hundred seventy six by his certaine bond or writeing obligatory sealed with the Seale of the said Samuell Boston & here in Court produced whose date is the day & yeare first abovesaid, was holden & firmly bound to Garret Van Sweringen of the Citty of St Maryes in the Province of Maryland in the full sume & just quantity of Eleven thousand pounds of good sound & every way well condiconed Mrchantable tobacco & cask to be paid to the said Garret VanSweringen or to his certaine Attorney his Exts Admrs or assignes To which paymt well & truely to be made & done he the said Samuell Boston did binde himselfe his heyres Exrs & Admrs firmly by those prsent. Yet notwithstanding the said Samuell Boston in his life tyme nor the said James Mills since his death to |
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Volume 67, Page 329 View pdf image (33K) |
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