552 PRINCE GEORGES COUNTY

Same Conteined is not Sufficient in Law to maineteine the writt aforesaid Soe
as aforesaid prosecuted and that he hath noe need neither by the Law of the
Land is held to answer to the Said writt etc. and for Causes of Demurrer ac-
cording to the Statute Saith that in the Same writt it is not Conteined upon
whom or upon what Execution in the Said writt Should be Leavied whether
upon the body of David Small or upon the Goods and Chatties of the Said
Charles Treacy Deceased for noe Execution cann be awarded upon the body
or goods of any Executor or administrator Debonis propris untill a writt of
Devistavitt have been Leagally returned against the Executor or administrator
that they have wasted the Esteat of the Deceased or that the Said Executor or
administrator have pleaded some fallce plea: to the perpetuall barr of the
Plantiffs Debt Sued for and if the Judgement to be affirmed in the Same writt
of Scire facias aforesaid Supposed to be made upon the Goods and Chatties of
the Said Charles Treacy Deceased as it must bee if any be obteined the writt of
Scire facias Should have mentioned why the Said Allexander Magruder ought
not to have his Execution against the Said David of the Debt and Damages
aforesaid to be Leavied of the goods and Chatties which ware of the Said
Charles Treacy att the time of his Death to be administred upon which this
writt makes no mention off for which uncertainety in the writl of Scire facias
aforesaid noe certaine Judgement can be Entred for the Count or Declaration
must be agreeable and Conforme to the writt the barr to the Count or Declara-
tion etc. and the Judgements to the Count for none of them must be narrower
or broader then the other Cookes Institutes Folio 303: A Wherefore for want
of a Sufficient writt of Scire facias to warrant and maineteine a Judgement to
be affirmed by the Said writt Supposed aforesaid the Defendant Prayeth Judge-
ment for his Damages and Costs etc.

Joshua Cecell for the Defendant.

And the Said Allexander by John Meryton his attorney Saith that by any
thing alleadged in the Defendants Plea: he ought not to be barrd of haveing his
Scire facias aforesaid and for replication he Saith etc.

That the Scire Facias is well brought by mentioning the Said David Small
to be the administrator of the Said Charles Treacy Deceased and that Execution
may be awarded against the goods and Chatties of the Said Charles Treacy De-
ceased and not against the Said David Small as Executor or administrator
debonis Propriss or that the Said David hath wasted the Estead of the Deceased
or that the Said David hath pleaded any fake plea to the perpetyall barr of the
Said Plantiffs Debt Sued for are but meer Nicetyes in Law and alltogather
contrary to the Custome and Practice of this Province and not Sufficient to
preclude the Said Plantiffe from haveing Judgement affirmed upon the Said
Scire facias and hereof hee prayes Judgement of this Court whether the Said
Defendants Plea is not alltogather Deletory Vicious and Eronius and further
Prayeth Judgement of this Court for his Debt and Costs to him to be adjudged
etc.

John Meryton for the Plantiff.

And the Said David by Joshua Cecell his attorney Saith that the replication
aforesaid in not Sufficient in Law to barr the Defendants Plea in Demurrer or
to maineteine the Said writt of Scire facias aforesaid brought etc. and of this
he putts himselfe upon the Court. Joshua Cecell

And the Said Allexander. John Meryton.