414 PRINCE GEORGES COUNTY

Damage of of the Said Henry of three thousand nine Hundred lbs. of Tobacco
and thereupon he Bringeth this Suite.

William Stone John Doe, Richard Roe. Pledges.

And the Said David Small by Joshua Cecell his Attorney cometh and Defendeth
the Force and Injury when etc. and Prayeth Lycence thereof to imparle here
untill the next Court and it is Granted unto him the same Day is given to the
Plantiffe Likewise etc.

And now here att this Day (to witt) the 22d Day of November Annoque
Domini 1698 came here as well the Said Henry Cullver as the Said David Small
by their Attorneys afforesaid and the Said Henry Cullver Prayeth that the Said
David Small to his Declaration aforesaid may answer etc.

And the Said David Small by Joshua Cecell his Attorney cometh and Defend-
eth the force and Injury when etc. and Prayeth abatement of the writt and
Declaration afforesaid for that he saith that the Said Plantiffe hath brought his
writt afforesaid against the Said Deffendant by the name of David Small Late of
Prince Georges County Merchant administrator of all the goods Chatties and
Creddits of Charles Treacy Late of Prince Georges County Deceased to answer
unto Henry Cullver of a plea of tresspass upon the Case etc. and that in the
Precipt of the Declaration is named onely David Small Late of Prince Georges
County gentleman to answer unto Henry Cullver of a Plea of tresspass upon the
Case etc. by reason of which Variance the writt and Declaration noe certaine
Judgement can be given for the Count or Declaration must be agreable to the
writt the Barr to the Count etc. and the Judgement to the Count for none of
them must be narrower or Broader then the other Cookes Institutes follio 303 etc.
whereof the Said David Small Prayeth abatement of the writt and Declaration
aforesaid etc.

Joshua Cecell for the Defendant

[370] Therefore tis Considered that the Said writt be Quashed and that the
Said Henry Culver take nothing by his Said writt butt be in mercy for his
False Clammore and the Said David Small goe thereof without day etc. it is
Likewise Considered that the Said David Small recover against the Said Henry
Cullver his Damages by Ocation of the Premises to four Hundred twenty five
pounds of Tobacco to the Said David Small by the Discression of the Justices here
att his request for his Cost and Charges in this behalf Susteined according to the
forme of the Statute etc. by the Court here adjudged.

Christopher Baines Plantiffe: David Ambross Defendant

Command was Given to the Sheriffe of Prince Georges County that of the
Goods Chatties and Credditts of David Ambross he atteach in the hand or hands
of any Person or Persons in this County as well the Sume of Eleven Hundred
pounds of Tobacco a Certaine Debt for Damages recovered against him as allso
the Sume of four Hundred and Seveteen pounds of Tobacco cost of Suite in the
whole amounting to fifeteen hundred and Seventeen Pounds of Tobacco when he
had the Same atteached or any Part thereof the Same in his hands to Keepe so
that he have the Same before the Justices of our next Prince Georges County
Court to be held att Charles Towne the fourth Tuesday in November next and
Likewise att the time of Executeing this writt he give notice to all Person or
Persons in whose hands or possession he atteached such goods as afforesaid that
they be and appear before the Justices of our next Court to be held att Charles
Towne as afforesaid to Shew Cause if any they have why the goods so atteached