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Liber W. C.
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racon charge the said Defendt as Receiver of the Goods Mrchandizes
& 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 plts 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
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p. 40
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& 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 Deft to the same ought to Answer
And this they are ready to averre And thereupon demands judgemt
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 Defendt 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 Defendt 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 Defendt 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
prmisses &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 Defendt
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
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