OCTOBER, 1699 COURT 567

And whereupon the Said Edward by Joshua Cecell his Attorney Compleineth
that whereas the Said Thomas the Second day of May in the year of our Lord
1697 att Charles Towne within the Jurisdiction of this Court was indebted unto
the Said Edward in the Summe of Six hundred pounds of Tobacco being Soe
much Tobacco due to the Said Edward for Surveyeing and Laying out of a cer-
taine parcell of Land for him the Said Thomas And the Said Thomas to the Said
Edward in manner aforesaid being indebted in Consideration thereof did assume
upon himselfe and to the Said Edward then and there faithfully promise that he
the Said Thomas the Said Sume of 600 pounds of Tobacco when he Should be
thereunto requested unto the Said Edward would well and truely content and
Pay Nevertheless the Said Thomas his Promise and assumption Soe as aforesaid
made Little regarding but mindeing and fraudulently intending him the Said
Edward in this behalfe Craftily and Subtilly to deceive and defraud the Said
Sume of 600 pounds of Tobacco unto the Said Edward hath not Paid allthough
the Said Thomas to doe the Same by the Said Edward afterwards the Day and
place aforesaid was often thereunto requested but the Same to pay to the Said
Edward hath hitherto denyed and Still doth denye to the Damage of the Said
Edward of 1000 lbs. of Tobacco and thereof he brings this Suite.

Pledges etc. John Doe, Richard Roe. Joshua Cecell.

And the Said Thomas Stafford by William Stone his Attorney cometh and de-
fendeth the force and Injury when etc. and prayeth Lycence to imparle here untill
the next Court Comeing and itt is Granted unto him the Same day is given to
Edward Battson Plantife Likewise.

And now here att this day to witt the 26th day of September Annoque Domini
1699 here came as well the Said Edward Battson Plantiffe by Joshua Cecell his
attorney allso the Said Thomas Stafford Defendant by his attorney aforesaid and
the Said Edward Battson by his Attorney aforesaid prayeth that the Said Thomas
Stafford to his Declaration aforesaid may answer, And the Said Thomas Stafford
by William Stone his attorney comes and defends the force and injury when etc.
and Saith that the Said Edward his action aforesaid against him ought not to have
because he Saith he is barrd by a certaine act of assembly of this province intiteled
an act for Limitation of actions for avoydeing all Suites of Law as by the Said
act relation thereunto being had may appear and putts himselfe upon the Court
by Consent etc. William Stone.

And the Plantiffe allso. Joshua Cecell.

Therefore tis Considered by the Court that the Said Edward Battson take
nothing by his Said writt but be in mercy for his falce Clammor and lett the
names of the pledges be Sought for and the Said Thomas Stafford Defendant goe
thereof without day etc.

It is Likewise Considered that the Said Thomas Stafford Defendant doe recover
against the Said Edward Battson Plantiffe the Sume of three hundred and five
pounds of Tobacco [480] his Damages by occation of the Premisses by the Dis-
cression of the Justices here to the Said Thomas Stafford for his Costs and Charges
by him in this part Susteined according to the Forme of the Statute etc. by the
Court here adjudged, etc.

Barkers Administrator Plantiff: Treacys administrator Defendant
David Small Late of Prince Georges County Gentleman Administrator of all
and Singular the Goods Chatties and Creditts of Charles Treacy Deceased was
Atteached to answar unto Jacob Mooreland administrator of all and Singular the