Provincial Court Proceedings, 1681/1682. 119

     sayth as before in the precedent Article the same is not sufficient in    Liber W. C.
     Law to charge her:
     (5thly)--Hee saith to ditto Bell an Execucon undertaken to pay for
     him Nine hundred sixty foure pounds of Tobacco, but to whome
     or upon what proces he was in Execucon, att whose suite, upon
     What Judgment & in what Court obtained he doth not sett forth,
     But the plt ought to have said and laid in his Declaracon, That the
     said Henry Bell being in ye Custody of this Deft by vertue of such
     a Judgment Obtained in such a Court at ye suite of &ca In Con-            p. 498
     sideracon that he the said plt at the speciall instance and request of
     him the said Thomas stagg would Discharge the said Henry from
     the said Imprissonment Did Assume to pay &ca, Or some such
     consideracon Ought to have beene precisely sett forth without wch
     allegation and suggestion the Declaracon. is Vitious uncertaine and
     Erronious, & the same she also sayth as before in the third Article
     and that she is not in Lawe Chargeable therewith being an Admrx
     as aforesaid
     (6thly) Flee sayes To the arrest of Richard Ocane ffifty five pounds
     of Tobacco wch is more then the Lawe allowes allowes but thirty
     five, & Neither doth he say when he was arrested, nor at whose
     suite Nor by what writt, Nor from what Court Nor what Cause
     or reason the said Thomas Stagg should be obleiged to pay the
     same, and Justly the Defts Ought to pay the fees of their Arrests
     (7thly) The plt sayth in ye said accot To Henry Bell you Assumed
     to pay me for ffees 275li Tob: but doth not sett forth what those
     fees were for how due or accrued Nor for what consideration the
     said Thomas made that Assumption
     (8thly) Hee sayes to ditto Assumed for serveing Execucon 200li
     Tob: but doth not say for how much the Execucon was for that it
     may appeare due Whether the same were Legally due, Or at whose
     suite he was in Execution Nor out of what Court issued, Nor
     upon what Consideration the said Thomas made that Assumption
     as aforesaid
     (9thly) Hee sayes To ditto Assumed for Imprisonment 200li Tob:
     But doth not sett forth at whose suite he was imprissoned Nor
     by what processe nor from what Court issued Nor upon what con
     sideracon the said Thomas made that Assumption Nor how long
     he was in Prisson that might appeare to the Court how the said Two
     hundred became due, In all wch cases he ought to have alleaged a
     sufficient Consideracon as aforesaid And therefore the same is
     Vitious and Erronious as aforesd and the Deft not in Lawe charge
     able therewith
     (10thly)--He chargeth to John Manley for Clerkes fees 242li Tob:
     But doth not sett forth the particulers forwhat the said ffees were
     for that it might appeare whether these debts are due or not, and by
     Lawe of this Province None ought to be charged for any ffees by