3oo MARYLAND COURT OF APPEALS

petration of the Original Writ in this Cause (to wit) the tenth day of August
Anno Domi Seventeen hundred and Nineteen at Calvert County afs^d he the
said Thomas Lingan Offered to pay and Satisfie to the said Daniel Dulany
the Damages and Costs afs^d out of the said goods and Chatties and the same
Thomas Lingan always afterwards was and Still is ready to pay the same to
the said Daniel Dulany if the said Daniel Dulany would accept thereof And
this he is ready to verifie wherefore he prays Judgm^t if the afs^d Attorney Gen-
eral the Action afs^d against him to have Ought etc:

And the same Attorney Gen^ll saith that the afs^d plea by the afs^d Thomas
above by rejoynder pleaded and the matter in the same Contained is not Suf-
ficient in Law the same Attorney Gen^ll from the Action afs^d to preclude and
that he to that plea in manner and form afs^d pleaded hath no need nor by the
Law of the Land is held to Answer for that that the afs^d Plea above by re-
joynder Pleaded Departs from the Plea of the afs^d Thomas above by pleading
pleaded and that plea by way of rejoynder is Contradictory and this he is
ready to verifie wherefore as before prays Judgm^t for the Debt afs^d together
with the Damages Occasioned by the Detention of that Debt to be to him the
said Lord Prop^ry Adjudged.

And the afs^d Thomas Lingan for that he hath above in his rejoynder
pleaded Alledged suff^t matter in Law to barr the afs^d [458] Attorney General
from having his Action afs^d against him the same Tho^s Lingan which he is
ready to verifie which matter the afs^a Attorney Gen^ll hath not gainesayed
nor thereunto in any ways answered but the same to admit for True hath
altogether refused as before prays Judgment and that the said Attorney
Gen^ll from his Action afs^d against him the same Thomas Lingan may be
barred etc.

Whereupon all and Singular the premisses, being by the Court here
seen heard and fully understood and mature deliberation being thereupon
had for that it seems to the Court of his Lordship the Lord proprietor here,
that the afs^d Thomas Lingan hath above in his Rejoynder pleaded Alledged
Suff^t matter in Law to barr the afs^d Attorney Gen^ll from having his Action
af^d against him the same Thomas Lingan.

Therefore it is Considered by the Justices here the 20^th day of September
Anno Domi 1720 afs^a that the said Thomas Bordley Esq^r his L^dships Attor-
ney Gen^ll who for his Lordship prosecuteth as afs^d take nothing by the Writ
afs^d and that the said Thomas Lingan goe thereof without day.

And also it is Considered by the Justices here that the said Thomas
Lingan recover against the afs^d Daniel Dulany (at whose request this Action
was brought) the sum of one thousand and forty pounds of Tobacco by the
Court here Adjudged unto him for his Costs and Charges in this behalf laid
out and Expended According to the forme of the Act of Assembly in that
Case made and provided etc.

Afterwards to wit the same Court or term the said Daniel Dulany prays