200 Provincial Court Proceedings, 1679/80.

Liber W. C.

teenth day of October 1678 sued out of the said County Court of
Charles County a Capias, To the sheriffe of the said County directed
to take the body of the said Josias and to have him before the Jus-
tices of the said County Court the Twelfth day of November then
next to answere unto the s^d Garret of a plea of trespas of the case,
By vertue of w^cb writt the said sheriffe did Returne. That hee had
taken the said Josias whose body hee had ready as hee was Required,
and the said Court was adjourned to the 26^th of November And
the said pl^t did att the s^d 26^th day of November by Nehemiah
Blackiston his Attorney file his Declaracon in an Assumpsitt for the
said foure hundred Seaventy foure pounds of Tobacco and annexed
to his said Declaracon a Coppy of the pticulers of the said Account
Comenceing the ffifteenth day of Aprill 1676. and Ending the fif-
teenth day of November 1677 being duely proved before the Hono^ble
William Calvert Esq^r, and that hee had never rec^d satisfaccon And
offered himselfe against the said Josias ffendall upon the Accon
aforesaid but the said Josias Came not Whereupon itt was ordered
by the said County Court That the said sheriffe should bee in
Misericordia to bring him the next Court to answere the said Accon,
Att w^ch said next Court to witt the fourteenth day of January
then next Came aswell the said Garret by his Attorney aforesaid
as the said Josias in his proper person, And the said Josias in his
proper person aforesaid for plea sayed, that the p^lt ought not to
have his Accon for that hee was debarred thereof by an Act of
Assembly Intituled an Act of Limitacons for Avoyding sundry
suite att Lawe

p. 179

And the Record sayes further w^ch said Account being w^tbin the
time Limitted in the Act and the p^h not haveing a noate under the
said Josias ffendalls hand for the Creditt given nor not able to
prove itt by oath of any other person that Itt was by his order,
Itt was the Judgment of the Court That there was noe cause of
Accon, Whereupon Itt is Ordered by the Court that the said Josias
ffendall should have a Nonsuite against Garret Vanswearingen w^th
Costs of suite and thereupon the Court Taxes Two hundred seaventy
eight pounds of tob. Costs,
W^ch said Judgment the said Garret sayth is manifestly Erronious
for these Reasons Viz
I. The Defend^t ought to have appeared and pleaded by his At-
torney and to haue put in his plea in Writeing under his Attorneys
hand, and not in his owne prop pson to plead the said statute in barr
Ore tenuo
2. There is noe such Record of any such Act as is mentioned in
the said Record of the proceedings, and Judgment aforesaid, In-
tituled an Act of Limitacons for Avoyding sundry suites att Lawe,
but the Act Intended to bee pleaded is Intituled an Act for Limita-
con of Certaine Actions for Avoyding suites att Lawe