626 MARYLAND COURT OF APPEALS

that he render unto him the Sume of Eighty four Pounds fourteen shillings
and two Pence Sterling money of Great Brittain Which unto him he Oweth
and Unjustly Detaineth etc: Thereof fail not at Your peril And have you
there this Writt Wittness Thomas Addison Esq^r Chief justice of Our said
Provinciall Court the 2 i^st Day of May in the 11^th Year of Our Dominion etc:
Annoque Domini 1726.

issued 20^th Sepf 1726. Per (M Howard) Vachel Denton Clk.

Which being read and heard the said Rich^d Willis saith that the Writt
and Declaration afs^d and the matter in the same Contained Are not SufF in
Law for the Same Francis Skirven his Action afs^d ag^t him the said Richard to
have and Maintain And that he to the same hath no Need Nor by the Law of
the [sic] is Obliged to Answer And for Causes of Dem^r According to the
Statute Shews to the Court here the following Reasons To Witt.

i For that it Appears the Defendant is Sued in Action of Debt for a
Certain Sum of Money Whereas it Appears by the Declaration that the Debt
Owing if Any Was Tobacco.

2^dly The Declaration is Vicious in Substance and form.

And the afores^d Francis Skirvin for that he hath Above in his Writt And
Declaration Afs^t Alledged Sufficient Matter in Law to have and Maintain his
Action afs^d Ag^t the afs^d Rich^d Willis Which he is ready to Veryfie, Which
Matter the afs^d Rich^d Willis Doth not Gain say Nor thereunto in Anywise
Answer But that Averm¹ to Admitt hath Altogether refused the same.
Francis Skirven Prays for his Debt Afs* together With his Damages Sustained
by Occasion 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 Seems to the Court here that the Writt and Declaration Afs^d And the
Matter in the Same Contained are not Suff¹ in Law for the same Francis
Skirven his Action afs^d against him the said Rich^d Willis to have and Main-
tain [825] Therefore it is Considered by the Justices here the 2i^st Day of
May Anno Dom: 1728 Afs^d that the said Francis Skirven Take Nothing by
his Writt Afs^d But be in mercy for his false Clamour. And that the said
Richard Willis go thereof Without Day etc: And also it is Considered by the
Justices here the same Day and Year last mentioned, That the said Rich*
Willis recover Against the said Francis Skirven the Sum of Seven Hundred
and Eighty three pounds of Tobacco by Court here Adjudged Unto him for
his Costs and Charges by him about his Defence in this behalf laid Out and
Expended etc: Afterwards In the same Court or Term the said Francis
Skirvin by his attorney afs^d Prays an Appeal from the Judgment of this
Court to the High Court of Appeals, which is Granted, And ordered that
the Record thereof be Transmitted Accordingly.

In Testimony that the Aforegoing is a true Copy taken from the records
of the Prov^l1 Court the seale of the said Court is hereunto Affixed this 26^th