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bill under hand & Seale the sume of two thousand pounds of tobacco
haveing sufficient Assetts in hand to pay the same, but never legally
Administred of the Estate of the said Joseph contrary to the forme
of the said Act & to the damage of the said Richard Loyd three thou-
sand five hundred pounds of tobacco & thereupon he bringeth his
suite.
And the said Wm Singleton by Christopher Rousby his Attorney
cometh & defendeth the force & injury when &c and prayeth liberty
to imparle hereunto untill next Provinciall Court & itt is granted
unto him, the same day is given to the plaintiffe also
Now here att this day to witt the ffifteenth day of October in the
third yeare of the Dominion of Charles Lord Baltemore &c Annoq
Doni 1678 came as well the said plaintiffe as the said Defendt by
their Attorneys aforesaid And the said Wm by his said Attorney
saith, that he the said Richard his action aforesaid against him the
said Wm ought not to have, because he saith that there is no such
Record of an Act of Assembly held att the City of St Maryes in the
yeare of the Dominion of Cecilius in the yeare of our Lord God
One thousand six hundred & fifty in manner & forme as the said
plaintiffe in his said Declaracon hath sett forth And this he is ready
to averr And therefore prayes judgemt of this Court & that the
said accom may abate. Whereupon the said plaintiffe refuseth to
make any further prosecucon against the said Defendt in the plea
aforesaid Therefore itt is considered by the Court here that the said
Wm Singleton recover against the said Richard Loyd the Sume of
Seven hundred Seventy nine pounds of tobacco for his costs &
charges by him about his defence in this behalfe laid out & expended
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