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Proceedings of the Provincial Court, 1678-1679
Volume 68, Page 236   View pdf image (33K)
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236 Provincial Court Proceedings, 1679.

Liber N N

the said Edward did faithfully promise that he the said Demetrius
the said Sume of two thousand nine hundred & fifteen pounds of
tobacco when thereunto required would well & truely content & pay
And the said Edward in fact saith, that trusting to the faithfull
promise of him the said Demetrius made as aforesaid did Sell and
deliver unto him the said Demetrius severall Goods and Mrchandizes
amounting in the whole to the Sume of two thousand nine hundred
& fifteen pounds of tobacco a particuler whereof is hereunto annexed
Yet the said Demetrius Cartwright the said Sume of two thousand
nine hundred & fifteen pounds of tobacco in his life tyme hath not
paid, nor the said Susanna to whom Administracon of all & singuler
the Goods Chattells rights & creditts of the said Demetrius att the
tyme of his death since his death hath bin comitted while she was

p. 890

sole, nor the said Susanna & Symon since espousall Between them
celebrated, the said two thousand nine hundred & fifteen pounds of
tobacco hath not paid, but the same to pay hitherto hath denyed &
still doth deny, whereupon the said Edward Turner saith he is
damnified & hath losse to the Value of foure thousand pounds of
tobacco & thereupon he brings his suite
And the said Symon & Susannah by George Parker their Attorney
come & defend the force & injury when &c & pray liberty to imparle
hereunto untill next Provinciall Court & itt is granted unto them, the
same day is given to the ptt 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 plaintiffe as the said Defendts by their
Attorneys aforesaid And the said Defendts by their said Attorney
say, that the said Edward his action aforesaid against them ought
not to haue, for that they say, that whereas by an Act of Assembly
made att a Genll Assembly begun & held att the City of St Maryes
the day of April in the yeare of our Lord God one thousand
six hundred Sixty & nine & by severall subsequent Acts revived &
continued & now standing in force entituled an Act for lymitacon
of certaine actions for the avoiding suites att Law, itt is amongst
other things Enacted, that all actions of trespas, quare clausum
fregit, all actions of trespas detinue sur trover & replevin for takeing
away Goods & Chatties, all actions of accompt contract booke debt
& upon the case, other then such actions as concerne the trade of
Mrchandizes between Mrchant & Mrchant their ffactors & Servants
which are not resident within this Province, all actions of debt for
lending or contract without specialty, all actions of debt for ar-
rearages of rent, all actions of Assault menace battery wounding &
false imprisonmt 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 this prsent Genll Assembly shall be comenced & sued within
the tyme & lymitation hereafter expressed & not after, that is to say
the said actions of the case other then for slander &c and the said



 
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Proceedings of the Provincial Court, 1678-1679
Volume 68, Page 236   View pdf image (33K)
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