42 Provincial Court Proceedings, 1679.

Liber W. C.

racon charge the said Defend^t as Receiver of the Goods M^rchandizes
& tobacco of the said plaintiffes that is to say with One hundred forty
nine pounds & seven shillings currant money of England by the
hands of William Stevens Comander of the Shipp Comfort of Bris-
toll, & one hundred & nineteene thousand & Seventy two pounds of
tobacco of the proper tobaccoes of the said plaintiffes, to render a
reasonable accompt as well of the same one hundred forty nine
pounds & seven shillings As also of the same One hundred & nine-
teene thousand & Seventy two pounds of tobacco to the said p^lts when
he should be thereunto required That there was blanks left in the
declaracdn for the tyme in which he was receiver &c As also for the
persons names by whose hands he received the said One hundred

p. 40

& nineteene Thousand & seventy two pounds of tobacco which the
said plaintiffes are ready now to fill up, & that filling up such blanks
hath bin hitherto permitted & allowed in this Court so that the said
plaintiffes say that when the said blankes are filled up the said writ
& declaracon doe agree, & the Def^t to the same ought to Answer
And this they are ready to averre And thereupon demands judgem^t
of this Court if the said plaintiffes the blankes in their declaracon
aforesaid shall not according to the usuall custome of this Court
fill upp, & the Defend^t be compelled to the declaracon & writt of the
said plaintiffes to Answer
And the said Theophilus saith as formerly, that for the causes
in the said plea specied, he this Defend^t is not bound to make
further Answer to the said declaracon And further saith, that no
declaracon is perfect wherein spaces & blankes are left for sentences
words or names And that a perfect declaracon ought to haue bin
filed by the last day of the first Court after comencement of the
action And that for want of such a declarac5n in due tyme & course,
he the Defend^t could not make full answer & that the said plain-
tiffes ought not to haue permission to fill up any blank or blankes
in the aforesaid declaracon And therefore prayes judgm' of the
p^rmisses &c And the said plaintiffes likewise, which being read &
heard itt is considered by the Court that the said plaintiffes take
nothing by their writt for want of a perfect declaracon & be in
mercy for their false claime thereupon And that the said Defend^t
may goe thereof without day And alsoe that the said Theophilus
Turford recover against the said John Dudlestone & Thomas Dudle-
stone the sume of One thousand foure hundred thirty two pounds
of tobacco for his costs & charges by him about his defence in this
behalfe laid out & expended And the said Theophilus may haue
thereof Execution &c

Theophilus Turford
ag^t
Christopher Hassell

Christopher Hassell late of Calvert County
M^rchant was Attached to Answer unto Theo-
philus Turford in a plea of trespas upon the
case.