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Proceedings of the Provincial Court, 1679-1680/1
Volume 69, Page 367   View pdf image (33K)
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Provincial Court Proceedings, 1679/80. 367


and have Damage to the Vallue of ffoure thousand pounds of Tobacco
and thereupon they bring their Suite And the plantiffes bring here
in Court the Letters Testamentary of the Estate of the said Henry
Lewis That Itt may appeare to the Court here That she thereof is
Executrix And the said Theophilus and Alice by Robert Ridgely
their Attorney Come & defend the force and injury when &c and
Pray Liberty to imparle hereunto untill next Provinciall Court and
it is granted unto him the same day is given to the plantiffe Likewise
Now here att this day to witt the Two and Twentyeth day of
ffebruary in the sixth yeare of the Dominion of the Right Honoble
Charles Lord Baltemore &c Annoq Dominj 1680 Came the said
partyes by their Attorneys aforesaid, & the said Theophilus and
Alice by their said Attorney Say, That the said John and Elizabeth
their accon aforesaid against them ought not to have Because they
say that by Certaine Act of Assembly made att a Generall Assembly
held att St Maryes the thirteenth day of Aprill 1669 Intituled an
Act for Limitacon of Certaine Accons for avoyding suites at Lawe
(Itt is Enacted) That all accons of Trespasse Quare Clausum fregit,
all accons of Trespas Detinue Surtrover & Replevin for takeing
away goods and Chattles, all accons of account Contract and debt
booke and upon the case, other then such account as Concerne the
Trade of Marchandize betweene Marchant and Marchant their ffactrs
or Servants w0" are not Resident within this Province, All accons of
debt for Lending or Contract without Specialty, All acrons of debt
for arreareages of Rent, and all accons of assault Manace battery
wounding & imprisonment or any of them wch shall bee Sued or

Liber W. C.

brought by any person or psons within this Province, att any time
after the end of that prsent gent Assembly, shall bee Comenced and
sued within the time and Limitacon hereafter Expressed, and not
after, (that is to say) The said accons of the case (other then for
Slandr) and the said accons for Account, and the said accons for
Trespasse, debt, detinue, and replevin, for goods and Chattles, and
the said accons for Trespasse Quare Clausum fregit, within Two
Years, after the end of that present Session of Assembly, or within
Two yeares after the Cause of such accon, and not after, and the
said accons of the case for words, and accons of Trespasse of As-
sault and battery wounding and imprissonment or any of them within
One yeare next after the end of that prsent gent Assembly or within
one Yeare after such Cawse of accon and not after, as by the said
act Relacon being thereunto had more fully and more at large it doth
& may appeare wch Act of Assembly is now in force within this
Province, and the same accon Comenced by the said John and Eliza-
beth against the said Theophilus and Alice is an accon of the Case,
and Limitted by the said Statute to bee brought in Two yeares,
Whereas the time Laid in the said Declaration that the Cause of
accon did arrise was the ninth day of August 1677, and the Originall

p. 336



 
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Proceedings of the Provincial Court, 1679-1680/1
Volume 69, Page 367   View pdf image (33K)
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