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202 Provincial Court Proceedings, 1679/80.
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Liber W. C.
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of ye Act this Defendt saith hee was not obleiged to sett forth the
Act att large Itt being a publique Act of wch the Justices Ex officio
are bound to take Notice
4 As to the fourth that the plt ought to have Judgmt for the
Remainder of the debt This defendt sayth that Whether the Ac-
count was within the statute or without was matter of ffact and
Tryable by a Jury had the plt denyed the Defendts plea wch because
the plt did not denye was Justly by the Court presumed to bee true.
5 As to the Defendts not Admitting for truth the Declaration of
the plt nor the debt to bee Just the plea being in the Negative Where-
fore the plt haveing brought his Accon, and produceing noe Evi-
dence to prove his Declaracon for that the accompt soe Sworne to
by the plt himself is not any Evidence Admittable in any Court
of Justice noe man being a Lawfull Witnesse in his owne Cause,
nor are Deposicons or Affidavits to bee Admitted as Evidence att
Tryall because the Adverse party Cannot Crosse Examine such
Deponent for wch Reason the Defendant prayes that the Judgment
given as aforesaid may be Affirmed wth Allowance of his Costs and
Charges in this Case sustained.
And hereupon the Record and Processe aforesaid to the Rendring
the Judgment thereupon, and the aforesaid Causes and matters by
the aforesaid plt for Errors assigned being scene, and by the Jus-
tices here fully undrstood and dilligently Examined, And for that
Itt appeareth to the same Justices that in the Record and processe
aforesaid as alsoe in the Rendring ye Judgmt aforesaid Itt is mani-
festly Erronious, Therefore Itt is Considered that the Judgment
aforesaid for the Errors in the Record and processe aforesaid bee
Revoaked Adnulled and Altogether held for nothing, and that the
said Garret Vanswearingen unto all things wch by occasion of the
Judgment aforesaid hee hath Lost bee Restored, And that the said
Garret Vanswearingen Recover against the said Josias Fendall the
sume of Eighteen hundred & nine pounds of tobacco for his Costs of
suite in this behalfe Expended :
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Gerrard Slye
agt
Nehemiah Blackiston
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(Memorandum That att this Court to witt the
Tenth day of ftebruary in the ffifth yeare of
the Dominion of Charles Absolute Lord and
Propry of the Provinces of Maryland and
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Avalon Lord Baron of Baltemore &c and in the yeare of our Lord
1679, Came Gerrard Slye gentf. by Robert Ridgely his Attorney
and Exhitteth to the Court here his Certaine bill agt Nehemiah
Blackiston one of the Attorneys of this Court, here in Court in his
prop pson prsent of a Plea That hee Rendr unto him the sume of
ffoure Thousand Two hundred and thirty pounds of Tobacco Wch
to him hee oweth and Unjustly Detaineth.
And Whereupon the said Gerrard Slye by Robert Ridgely his
Attorney sayth that Whereas the said Nehemiah Blakiston the
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