Provincial Court Proceedings, 1679. 187

lending or Contract without specialty, all actions of Assault, menace,
battery, wounding & false imprisonm^t or any of them which shall
be sued or brought by any person or persons within this Province
att any tyme after the end of that Gen^ll Assembly shall be comenced
& sued within the tyme & lymitacon hereafter 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 & Chatties, & the said actions of tres-
passe quare Clausum fregit within two yeares after the end of that
p^rsent Sessions of Gen^ll Assembly or within two yeares after the
cause of such actions & not after &c as by the said Act relacon being
thereunto had may more att large appeare And itt appearing by the
said Richard Gardner his own shewing in & by his declaracon that
the debt or duty by the said Richard in & by the said Declaracon
claymed is above Seaven yeares standing, the said Richard Boughton
therefore pleadeth the said Act of Assembly in barr of the said p^lts
action aforesaid, & demands judgem^t if the said Richard his action
aforesaid against him ought to have.

Liber N N

And whereupon the said Richard Gardner saith, that he by reason
of the Defend^ts said plea or any thing therein contained of his action
aforesaid ought not to be debarred because he saith that he the said
Richard Gardner sues as Adm^r of the said John Weir deceased And
that he the said John was a M^rchant not resident within this Prov-
ince, but was att the tyme of his the said Richard Boughtons con-
tracting the said debt (which was for Goods & M^rchandize) & long
tyme before & ever after untill the tyme of his death a dweller &
Inhabitant in a certaine place called Virginia beyond the Seas
whereas he the said John dyed And that he the said Richard Gardner
had Admcon of the Estate of the said John Weir in this Province
granted unto him by the Hon^ble Philip Calvert Esq^r Judge for pro-
bate of Wills & granting of Admcons the day of in
the yeare of our Lord one thousand six hundred Seventy eight
wherefore the said Richard Gardner saith that the aforesaid action
comenced against the said Richard Boughton in in manner & forme
aforesaid is not lymitted by the said Act of Assembly And there-
fore he prayes judgem^t &c And the Defend^t also. And hereupon the
p^rmisses being seen & by the Justices here fully understood, itt seem-
eth to the same Justices here that the said plea of the said Defend^t
in manner & forme aforesaid pleaded & the matters in the same con-
tained are insufficient in Law to debarr the said p^lt from haveing his
action ag^t the said Defend^t Therefore itt is granted that the said
Richard Gardner Adm^r as aforesaid recover against the said Richard
Boughton the Sume of ffoure thousand Eighty & six pounds of
tobacco debt As also fiue hundred one thousand & Eighty pounds of
tobacco costs of suite. And the Defend^t in mercy &c

p. 844