236        Provincial Court Proceedings, 1682.

     Liber W. C. Record to be all the Evidence in the case does not at all warrant
                 the verdict of the said Jury
                   And therefore the said Henry Mitchell prayeth the said proceed
                 ings in the said County Court be sett aside & quashed and that he
                 to all things wch he hath lost by occasion of tthe premisses may be
                 Restored
                   And the said Walter Davis by Christopher Rousby his Attorney
          p. 587 cometh & defendeth the force and Injury when &c. and Prayeth
                 Liberty to Imparle hereunto untill the next Provinciall Court and
                 it is granted unto him the same day is given unto both partyes
                   Now here at this day to wit the Nineteenth day of October in
                 the Eighth yeare of the Dominion of the Right honoble Charles
                 Lord Baltemore &c Annoq Doni 1682 Came aswell the said Henry
                 Mitchell by George Parker his Attorney as the said Walter Davis
                 by Charles Boteler his Attorney and the said Walter Davis by his
                 said Attorney saith
                 (1st)--That the Declaracon is not sett forth in such words as the
                 said Henry observes to the Court and setts downe in his first pre
                 tended reason but is Plaine to another Sence & effect Viz That
                 Mitchell at the time of fileing the Declaracon stood indebted to
                 Davis foure hundred and foure Pounds of Tobacco for that he
                 the said Mitchell had taken away and disposed of a hogshead of
                 Tobacco of the like Quantity wch he had formerly payd to Davis
                 as by the Record fully appeares.
                 (2dly) The said Walter Davis Saith that although it had indeed
                 been the better way for him to have brought his accon upon the
                 Act Imposeing a penalty upon Such who shall dispose of Tobacco
                 Seized and Received by sheriffes & others &c. because thereby he
                 might have recovered greater damages against the said Mitchell Yett
                 that act Does not hinder a man from takeing such Course as he
                 might have done before the Act for his Remidy If he pleaseth
                 Soe to doe
                 (3dly) The said Walter sayth the whole matter or Cause is brought
                 before the Justices here by appeale and not by writ of Error And
                 soe the Justices are not strictly tyed up to the Errors Assigned
                 but have liberty to Consider of the whole merrit of the Cause and
                 to give Judgment thereupon, & though Issue doe not appeare to be
                 J oynecl formally Yett it seemes it was agreed upon and the County
                 Court thereupon gave Order for a Jury wch was Impannelled and
                 Sworne according to the usuall Practice of the same Court, And
                 the Complaint being for Mitchells takeing and disposeing of a
                 hogshead of Tobacco wch he had before payd to him the said
                 Davis And Mitchell pleading that he did not take and dispose of
                 the Same And the Jury finding for the plt there is good reason
                 Davis should have his Reparation And the ill or misjoyning of Issue
                 is helped after verdict by the Statute of the 31th Henry the 8th
                 Chap: the 30th