188 Provincial Court Proceedings, i6/p/<?o.

Liber W. C.

And the said Richard Atwood by Kenelme Cheseldyne his Attor-
ney doth Come and defend the force and Injury when &c and prayeth
Liberty to Imparle hereunto untill next Provinciall Court, and Itt is
granted unto him the same day given to the plantiffe also :
Att w^ch said next Provinciall Court To witt the Eighteenth day
of ffebruary in the fourth yeare of the Dominion of Charles Lord
Baltemore &c Annoq Domini 1679 Came the said parties by their
Attorneys afors^d and the said Richard Atwood by his said Attorney
sayth, That hee doth well Acknowledge the takeing of the horse
Colt aforesaid, and that Justly, Because hee saith That att the time
of the supposed takeing and detaining of the said horse Colt afore-
said the said Colt then was and still is the proper Colt of him the
said Richard Atwood, and the Encrease of a Certaine Mare being
the proper Mare of him the said Richard, and because the said Colt
then was and still is the proper Colt of him the said Richard hee
well Acknowledged the takeing the said Colt aforesaid, And that
Justly

p. 169

And the said Marke by his Attorney aforesaid saith that the Colt
aforesaid is not the proper Colt of the said Richard Atwood as the
said Richard above by pleading hath Alleadged, and this hee prayes
may be Enquired of by the Country, And the said Richard alsoe :
Therefore Itt is Comanded the Sheriffe of st Maryes County that
hee cause to Come here Twelve &c by whome &c and who neither
&c to Recognize &c because aswell &c: Which Jurors being Impan-
nelled and Called Came To witt Thomas Cosden, Joseph Tilley,
Marmaduke Semme, Sam^ll Holdsworth, John King, William Hus-
bands, Thomas Sedwicks, Robert Mason, William Harris, Thomas
Alcock, John Boucher & Herman Norton, .Who being Elected Tryed
and Sworne to say the truth in the p^rmisses. Upon theire oathes doe
say That the Colt aforesaid is the pp Colt of the said Marke Cordea,
And thereupon the said Richard Atwood by his Attorney aforesaid
moved the Court here in Arrest of Judgment upon the Verdict of the
Jurors aforesaid Whereupon day is given to both pties untill next
Provinciall Court
Now here att this day to witt the ffif teenth day of May in the
ffifth yeare of the Dominion of Charles Lord Baltemore &c Annoq
Domini 1680 Came the said parties by their Attorneys aforesaid,
and the said Richard Atwood by his Attorney aforesaid, fileth his
Reasons for arrest of Judgment upon the Verdict of the Juro^rs
aforesaid, w^ch ffollowes. Viz
(Reasons for Arrest of Judgment in this Cause)
Imp": It's Erro^r in that noe Replevin can Lye for any other matter
or thing then such as are first distreyned and Impownded, w^ch the
said Colt was not and soe the proper Action for Recovery of the
same was by action of Trover or detinue
2^d Its error in that the Defend^t when the said writt of Replevin was