Provincial Court Proceedings, 1681/1682. 129

      for Baltimore County the first Tuesday in ffebruary next Ensueing      Liber W. C.
      to answere unto John Nicholls of a plea of Trespasse of the Case,
      And the Declaracon sayes Susanna Uty was Attached to answere
      unto John Nicholls of a plea that she Render unto him the sume
      of Nine hundred pounds of Tobacco wch to him she Oweth and
      unjustly Detaineth Soe that the writ Doth not warrant the Declara
      con aforesaid is Error:
      (2dly) The said John in and by his Declaration aforesaid sayd
      That Whereas the said Susanna stands Jusly indebted to the said
      John the Just sume of Nine hundred pounds of tobacco wth Caske
      Although the said John the said sume of Nine hundred pounds of
      Tobacco hath often of the said susanna Demanded Yett the said
      Susanna hath altogether refused to pay &c. wch is manifestly Ero
      nious in that the said John doth not in and by the sd Declaracon
      sett Downe the certaine time Neither Day, Month nor Yeare when
      the said debt supposed to be due was Contracted Nor how Nor
      for what, whether by specialty Mutualus Simple Contract or Other
      wise wch ought specially and Certainely to have been layd for for
      Ought appeares by the Declaration or the writ aforesaid the Cawse
      of accon might have risen upon a debt by Special Contract of Mu
      tualus or otherwise wthout Specialty wch might be above Two yeares
      before the said action was begunn or Comenced. and soe the same
      would have been barred by an Act of Assembly Entituled an Act
      for Limitacon of certaine actions to avoyd Suites att Lawe wch
      doth prohibit any accon of debt lending or Contract Trespasse upon
      the Case &c to be Comenced after two yeares Expired from such
      Cawse of Accon, and if the same debt had risen upon any Specialty
      he Ought to have Certainely alleadged ye same that the said
      Susanna might have Craved Oyer thereof the better to Enable her
      to plead thereunto, wch is Vitious uncertaine & manifest Error:
      (3dly) The Jury in their Verdict doe say Wee finde that the plt
      ought to have his wages & foure hundred & ffifty pounds of Tobacco
      Damages wth costs. Which verdict is very vitious Erronious and un
      certaine & the same is not maintaineable by the Declaration wch De
      clares for debt and not for wages, & there is not one word of wages
      in all the Proceedings, They also Ought to have sett Downe how much
      the plt Ought to have for his wages & have ascertained that aswell as
      ye damages the Not ascertaineing whereof is Error And thereupon
      the sayd susanna sayth that in the Record and processe aforesaid
      there is manifest Error & for the reasons aforesaid and others
      therein Contained she Prayeth the proceedings aforesaid and Judg
      men thereupon may be Quashed Reversed, adnulled & made voyd,
      & that she unto all wch she by Occasion thereof hath sustained may
      be restored.
       And the said John Nicholls by Robert Ridgely his Attorney com
      eth and Defendeth the force and Injury when &c and prayeth Lib