120      Provincial Court Proceedings, 1681/1682.

 Liber W. C.     any Officer without first delivering a pticuler accot thereof undr the
                 hand of such Officer Besides those ffees (If due) are become a Debt
                 by Record That is by Record of Act of Assembly & Execution may
                 issue for ye Same, And the Law Sayes That an assumpsitt will not
                 Lye for a Debt upon Specialty or Record More Especially in this
                 Case where he may have present Remedy by Execution
                 (11thly) Hee sayes To Thomas Bancroft on yor Noate five hun
                 dred and five pounds of Tobacco & to John Darnall on yor Noate
                 100li Tob: he Ought to have produced those Notes and receipts
                 upon the back of them or else it is not sufficient wch was not done.
                 and in that particuler the jury found wthout Evidence is Vitious
                 ffor without such Noates the said Thomas Could not be Charged
                 12thly--To arrest of John Singleton 35, but sayes not at whose
                 suite nor by what processe Nor from what Court Issued Nor upon
                 what Consideracon the said Thomas stagg Assumed the payment of
                 it seing the Deft cannot be Discharged without paying their ffees
                 on any arrest wch is also vitious & Erronious
                 (13thly)--To Thomas Wright Assumed to pay for him 200li Tob:
                 to wch the Deft sayth as in the third reason before is Mentioned
                 (14th)--To the Leavy of three psons att 125. in Anno 1677—
                 456 li Tob: He Sayth that the same is also a debt Upon Record &
                 hath Remedy by Execucon wthout any action and Noe Assumption
                 lyes for debt by Specialty or by Record, And farther that as to any
                 action of trespasse of ye case for the same, as this accon is the same
                 is barred by the statute of Limitacan
                 (15thly) Hee Sayth to the Leavy of three psons f6i p pole is
                 493li Tob: wch she also saith being a Debt upon Record Noe Assump
                 tion Lyes for the same & soe as to that vitious and Erronious
                 (16thly) Hee sayes To Sallary for receiveing 1450li Tob: 145li
                 Tob: & To sallary for receiving of 2o5G1 Tob: 256: Those Two
                 Sumes are not within the compasse in the words of the Declaracon
         p. 499  nor Can be made soe by any intendment in Lawe as being Neither
                 Goods sold or Tobacco payd by his ordr for wch he Onely Declares,
                 Besides He ought To have brought his Quantum meruit for the same
                 and not to be his owne Carver therein, ffor though the usuall allow
                 ance to the sheriffe for Collecting publiq3 Due be Tenn p Cent.
                 Yet private persons for Collecting their Debts Doe not allow soe
                 much Nor ought he to have it without proofs of an agreement
                 for soe much, wth was not done, and soe the Verdict without proofe
                 to warrant the same is vitious and Erronious
                 (Lastly.):The Charges in the said accot are Distinct Causes of
                 action, as, some for Marchants Goods Sold and Delivered some
                 for Publick dues & officers fees, & Engagements for seaverall psons,
                 & May admit of divers seaverall and Distinct pleas, and therefore
                 the plt ought not to have Joyned the same in one accon Marchants
                 accompts with Officers fees &c. but must bring Seaverall Accons