500 MARYLAND COURT OF APPEALS

With either the S^d Cockey or the S^d Moale to defeat him of his Effects nor
that the S^d Moale is insufficient but that if he hath misapplyed any of them
he may make him Answer for his So doing and referr him as well as the S^d
Cockey to Seek Justice ag^t this Defendant in Case they have any due from him
who may Charge this defendant by Action at Law for So much received to
their use if he has received any thing from them Unjustly but Instead of
Charging this Defendant with the Effects of the S^d Powlson So as to Subject
them to the Complainants writt of Restitution only Charges him with the
Effects of the Complainant which he Shews no right to Against him nor that
Ever this Defendant had any of his Effects and for that Whole Scop of the
Bill is manifestly grounded upon Suppositions that money or goods recov-
ered by Judgments and taken in Execution may not be used While a Writt
of Error is depending or Untill the Judgments be past possibillity of reversall
and that the Bills of Exchange drawn and Endorst According to the Custom
of Merchants May not be Negotiated because they Were paid to Satisfye a
Judgment w^ch was Lyable to be reverst or that Such bills if Negotiated must
be returned by the Last Endorsee because they were drawn to pay a Judg-
ment which is afterw^ds reverst Which Suppositions are Contrary to the Law
of the Land the Mercantile Law of Nations and Absurdities in reason for all
Which Causes this Defendant Doth Demurr in Law upon the Insufficiency of
the S^d Bill of Complaint and doth humbly demand Judgment of this Hon^rble
Court if he this Defendant Shall be Compelled to Make any further or other
answer thereunto And if this Defendant Shall be Compelled to make any
other answer to the S^d Bill of Complaint then and not otherwise [694] (all
advantages of Exceptions to all and every the incertainties and Insufficiencies
of the Said Bill of Complaint to this Defendant now and all Times hereafter
Served and Reserved) This Defendant for answer unto the Said bill of Com-
plaint Sayth That this Defendant believes there was a Judgment at Law re-
covered against the Complainant by the Said Gilbert Powlson in the Provin-
ciall Court of this Province wherein the Damages were assest by a Jury to the
Sum of Six Hundred pound Sterling and Six Thousand four Hundred and
fifty one Pounds of Tobacco besides Costs of Suit w^ch was about September
Seventeen hundred and Twenty but this Defendant Conceives the S^d Judg-
ment to have been Obtained upon a Just right and good foundation and
According to the Practice of this Province That on the 17^o" of December
1724 a Certain George Plater Delivered this Defendant a paper Signed by
his Honour Charles Calvert Esq^r (who then was and yet is Governour of this
Province) as a true Copy of an Order of his Majesty in Councill made the
4^th of July 1724 which Copy this Defendant believes to be Agreeable in Sub-
stance with that Set forth in the Complainants bill which the S^d Plater told
this Defendant he was Ordered by the Governour to deliver him but being
Askt by this Defendant Said he Could not tell to What End the Same Was
So delivered That this defendant believes the Judgments in the S^d order men-