94 Provincial Court Proceedings, 1678/9.

Liber N N

Now here att this day to witt the twelfth day of March in the
fourth yeare of the Dominion of Charles Lord Baltemore &c Annoq
Doni 1678 cometh as well the said Kenelm Cheseldyn Attorney
Gen" as the said George by his Attorney aforesaid And the said
George by his said Attorney saith that the said Attorney Gen^ll on
the behalfe of the Hon^ble Lord Prop^ry 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 held att S^t Maries the
fifteenth day of May in the first yeare of his Lordpps Dominion &c
Annoq Doni 1676 entituled an Act for easem^t of the Inhabitants
of this Province in suites att Law for small debts, itt is amongst
other things Enacted, that from & after the publication of the said
Act, no action for a booke debt or upon a plaine bill for or under the
sume of ffifteen hundred pounds of tobacco & caske shall be comenced
or prosecuted against any Inhabitant in this Province in the Pro-
vinciall Courts, except only upon Appeales from the County Courts
of this Province &c And itt was further Enacted in the said Act of
Assembly, that if any person plaintiffe shall comence or prosecute
any suite or plaint in the Provinciall Court of this Province for or
under the sume of ffifteen hundred pounds of tobacco & caske in
manner & forme as aforesaid shall suffer a Nonsuitt & pay such costs
to the Defend^t as is usually granted by the Provinciall Court of the
Province as by the said Act relacon being thereunto had may more
att large appeare And itt appearing by the said Kenelm Cheseldyn
Attorney Gen^ll of the said right Hon^ble Lord Prop^ry his own shewing
in & by his informacon who prosecuteth on the behalfe of his Lordpp
that the debt or duty by the said Attorney Gen^ll in & by the said
Informacon claymed is not aboue seven hundred thirty two pounds
of tobacco & caske, the said George Wharton pleadeth the said Act
oft Assembly in barr of the said Action, & prayes judgem^t if the said
Attorney Gen^ll on the behalfe of his Lordpp his action aforesaid
against him ought to haue And the said Kenelm Cheseldyn Attorney
Gen^ll as aforesaid saith, the said Lord Prop^ry aforesaid ought not
to be barred by the Act of Assembly aforesaid, & of this demands
judgem^t of the Court And the said Defend^t also Which plea of the
said George Wharton above in barr pleaded being seen & by the
Justices here fully understood, itt seemeth to the same Justices here

p. 761

that that plea in manner & forme aforesaid pleaded & the Matter in
the same contained is insufficient in Law to preclude the said At-
torney Gen^ll who &c from haveing his action aforesaid against him
the said George Wharton Therefore itt is considered that the said
Lord Prop^ry recover against the said George Wharton as well the
aforesaid Sume of Seven hundred thirty two pounds of tobacco debt
As also two hundred thirty two pounds of tobacco costs of suite
And the defendant in mercy &c^a