MARYLAND COURT OF APPEALS 615

Court that the Said Richard Smith Should recover against the said Thomas
Brooke Seventeen Hundred [812] And fifteen Pounds of Tobacco by the
said Court Adjudged Unto him for his Costs and Charges Accruing by Oca-
tion of the said Thomas Brooke's appearing to the Writt of Attachment in
the plea afs^d etc: As by the said Severall Records and Proceedings thereof
herein the said Provinciall Court Now remaining of Record More fully
Appears Which Said Sum of Two Hundred and forty Eight Pounds Sterling
So Recovered by the judgment Afores" by the said Richard Smith against
the said Thomas Brooke is Part of the said Sum of two Hundred and forty
Eight pounds Seventeen shillings and Six Pence Sterling Mentioned in the
Condition of the Writing Obligatory afores^d And alledged by the Plea afs^d to
be paid by the said Thomas Brooke to the Said Macnemara and not any Part
of any other or Different Sum of Money And which Said Sum of Two Hun-
dred and forty Eight Pounds Sterl: So Recovered by the said Richard Smith
Against the said Thomas Brooke he the Said Thomas After the said judgment
So Obtained afs^d Viz^t: the fifth Day of May in the Year of Our Lord Seventeen
Hundred and Twenty Six In Ann Arundell County Afs" for the Avoiding any
further Costs Charges and Damages Did Pay and Satisfie Unto the said Rich-
ard Smith And this he the said Thomas Brooke is ready to Verifie Wherefore
he Prays judgment and his Debt afs^d Together with his Damage Occationed
by the Detention of his Debt to be Adjudged to him etc:

And the said Mich^ll Macnemara Saith that the Plea Afs^d by him the Said
Thomas Brooke in Manner and form Afs^d Above by replying pleaded and
the Matter in the same Contained are insufficient in Law for the Said
Thomas Brooke to have and Maintain the Action afores^t thereof against the
said Mich" Macnemara to Which the said Mich" M^cnemara hath no need nor
by the Law of the Land is he in Anywise to answer and this he is ready to
Verifie. Wherefore for want of a Sufficient Replication in this Part the Same
Mich^l* Macnemara As before Prayeth judgment And that the afs^d Thomas
Brooke from his Action afores^d thereof against him the Said Mich** Macne-
mara having may be Precluded etc: And the said Thomas Diuokc ful that lie

hath above in his Replication Pleaded alledged Sufficient Matter in Law to
have and Maintain his Action Afs^d Against the Afs^d Mich** M^cnemara Which
he is ready to veryfie Which Matter the afs^d Mich** Macnemara Doth not
Gainsay Nor thereunto in Anywise Answer But that Averment to Admitt
hath Altogether refused the same Thomas Brooke Prays judgment for his
Debt Afs^a together With his Damages Sustained by Ocation of Detaining the
same Debt to him to be Adjudged etc:

Whereupon all and Singular the Premisses being by the Court here seen
heard and fully Understood and Mature Deliberation thereupon had for
that it [813] Seems to the Court here that the said Thomas Brooke hath
above in his Replication Pleaded Alledged Sufficient Matter in Law his
Action afores^d Against the afores^d Mich'* Macnemara to have and Maintain.