| 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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