186 Provincial Court Proceedings, 1679.

Liber N N

And whereupon the said Richard Gardner by Christopher Rousby
his Attorney saith, that whereas the aforesaid Richard Boughton
did in the life tyme of the above named John Weir to witt the third
day of March one thousand six hundred & Seventy accompt with
the said John of divers Sumes & quantities of tobaccoes to him
due by the said Richard Boughton, by which accompt the said
Richard Boughton was found in arrears towards the said John in
the aforesaid Sume or quantity of foure thousand Eighty & six
pounds of tobacco By which action did accrue to him the said John
Weir in his life tyme, & since the death of the said John unto him
the said Richard Gardner to whom Admcon of the Goods Chatties &
Creditts of the said John was by the Hon^ble Philip Calvert Esq^r
Comissary Gen^ll of Maryland granted, to have & receive of him the
said Richard Boughton the said Sume of ff cure thousand Eighty
Six pounds of tobacco Yet he the said Richard Boughton though

p. 843

often thereunto Required the said Sume of foure thousand Eighty
& six pounds tobacco unto him the said John in his life tyme or
unto him the said Richard Gardner since the decease of the said
John hath not paid, but the same to pay hath refused & still doth
refuse in hinderance of the Admcon aforesaid Whereupon the said
Richard Gardner saith he is the worse & hath losse to the Value of
Seaven thousand pounds of tobacco & thereupon he bringeth his
suite. And the said Richard Gardner bringeth here in Court his
Letters of Admcon aforesaid, whereby itt doth appeare to the Court
here that he is right full Adm^r &c
And the said Richard Boughton by George Parker his Attorney
cometh & defendeth the force & injury when &c & prayeth liberty to
imparle hereunto untill next Provinciall Court & itt is granted unto
him, the same day is given to the p^lt also.
Now here att this day to witt the sixth day of June in the fourth
yeare of the Dominion of Charles Lord Baltemore &c Annoq Doni
1679 cometh as well the said p^lt as the said Defend^t by their Attor-
neys aforesaid And the said Defend^t by his said Attorney saith that
the said Richard Gardner his action aforesaid against him ought
not to have, for that he saith, that whereas by one Act of Assembly
made att a Gen^ll Assembly begunn & held att the City of S^t Maryes
the day of April in the yeare of our Lord God One thousand
six hundred sixty nine & by severall subsequent Acts revived & con-
tinued & now standing in force intituled an Act for lymitacon of
certaine actions for the avoiding of suites at Law, itt is amongst
other things Enacted, that all actions of trespass quare Clausum
fregit, all actions of trespasse, detinue Sur trover & Replevin for
takeing away Goods & Chatles, all actions of accompt Contract, debt,
booke & upon the Case, other then such actions as concerne the trade
of M^rchandizes between M^rchant & M^rchant their ffactors & Servants
which are not resident within this Province, all actions of debt for