FEBRUARY, 1698/9 COURT 439

And now here att this day came as well the Said James Brooke and offered
himself against the Said David Small of the Plea aforesaid and the Said David
Small being called likewise came etc. and the Sheriffe returneth that he hath
by good and Lawfull men etc. made Knowne to the Said David Small of his
being here to Shew Cause etc. The Defendant appears and Imparles till the
Next Court Comeing and At this Court Demurrs to the Said Scire facias upon
Examination of the matter twas found that the Cause of Demurrer was that
the clerke had not Ishued out the writt of Scire facias aright.

Therefore it was Considered that the Said writt be Quassed and that the Said
administrator goe thereof without Day and that the Said Clark for his Default
pay all Costs and Damages accrewing thereby.

Allexander Magruder Plantiff: Treacys Administrator Deffendant

It was Commanded the Shreefe that whereas there is Due to Allexander Ma-
gruder from David Small Administrator of all and Singular the goods Chatties
and Credditts of Charles Treacy Deceased the Sume of four thousand Eight
Hundred and ninety pounds of Tobacco by a Judgement obteined against the
Said Charles in March Court in the year of our Lord 1697_ and for Execution
hath not Ishued out against the Said Charles Treacy in his Lifetime nor against
the Said David Small administrator as aforesaid for the Same he make Knowne
to the Said David Small that he bee and appear before the Justices of Prince
Georges County Court att Charles Towne the 4th Tuesday in November 1698
to Shew Cause etc. why the Said Allexander Magruder Execution for the Debt
aforesaid should not have etc. and that he had then and there the Said writt:
etc. And now here at this Day came as well the Said Allexander Magruder and
offered himself against the Said David Small of the Plea aforesaid and the Said
David Small being Called like wise came etc. and the Sheriff returneth that he
hath by good and Lawfull men etc. made Knowne to the Said David Small of
his being here to Shew Cause etc.

The Defendant appears and Imparles to the Plantiffs action and at this
Court Demurs to the Same upon the Sequall of the Matter twas found that the
Cause of Demurr was an omission of the Clark in not Ishueing the writt of Scire
facias aright.

Therefore it was Considered that the writt of Scire facias be Quast and that
the Clark Pay all Costs and Damages acrewing thereby.

Gabriell Burnam Plantiff: James Moor Defendant

James Moor Late of Prince Georges County Planter was Atteached to answer
unto Gabriell Burnam of a Plea of tresspass upon the Case etc.

And whereupon the Said Gabriell by Joshua Cecell his Attorney Compleineth
that whereas the Said James the first day of Aprill in the year of our Lord 1697
att Charles Towne within the Jurisdiction of this Court Stood indebted unto
the Said Gabriell in the Sume of two Thousand and Twenty pounds of Tobacco
and Nine Shillings and Six pence Sterling as by a Perticular account thereof
hereunto annexed relation being thereunto had may more att Large appeare
and the Said James to the Said Gabriell being soe indebted in Consideration
thereof did assume upon himselfe and to the Said Gabriell then and there
Faithfully promise that he the Said James the Said Sume of 2020 pounds of
Tobacco and nine Shillings and Sixpence Sterling when hee Should bee there-
unto requested unto the Said Gabriell would well and truly content and Pay