578 PRINCE GEORGES COUNTY

of Demurrer according to the forme of the Statute etc. Saith that the Plantiffs in
their Declaration Saith that the Said Nicholas the 12th day of July in the year
of our Lord 1689 at Callvert County Stood Indebted by his certaine bill or
wrighting Obligatory which the Said Thomas in his Life time with the Scale
of the Said Nicholas Signed bringeth here into Court etc. by which Declaration
and words the Plantiffs acknowledges the Said Thomas Hyde to be dead and
they to be his Executors and yett they Say that the Said Thomas brings here
into Court the Said Bill or wrighting obligatory which is not true but Falce
that a man that hath been Dead this twelve months Should now bring the Said
bill or wrighting obligatory into Court and further the Said Plantiffs in their
Declaration Saith that the Said that the Said Nicholas in the Said bill or
wrighting obligatory acknowledged himselfe to be bound to the Said Thomas
Hide in his Life time in the full whole and Intire Sume of one Thousand one
hundred Ninety and Eight pounds of good Sound Merchantable Tobacco to be
Paid upon all Lawfull demands after the tenth day of October then next En-
sueing the Date of the Said bill obligatory afforesaid if in abillity to doe it if
not to be paid as Soon as Please God to make the Said Nicholas able which
words, (if inability to doe it if not to be paid as Soon as please God to make
the Said Nicholas able) are altogather uncertaine and hath noe respect to any
Perticular time when the Said Debt became due and Payable for the Ending as
well as the Commenceing of any Spetialty as bill or bond Should be in every
Perticular Shewed and Sett forth in the Declaration for without which it doth
not appear that the Debt is become Due and Payable for a bill or Bond is not
Sueable untill the Day of Payment is Past (Vide) the Compleat attorney Folio
21 and by Severall Presedents in Brownlows Declarations and Pleadeings folio
78: 79: 80: 81 etc. and Further the Said Plantiffs in their Declaration in Fact
Saith it hath Pleased God afterwards the Day and place aforesaid that is to Say
the 28th day of March 1697 at the place aforesaid to make to make the Said
Nicholas of ability to pay the Same etc. The words that it hath Pleased God
afterwards the Day and Place aforesaid that is to Say the 28th day of March 1697
is a Contradiction to the Plantiffs owne Declaration for the onely Day and year
before mentioned in the Declaration was the 12th day of July in the year of
our Lord 1698 and not the 28th day of March 1697 for which reason the Said
Declaration is Eronious and Falce and doth not Conteine certainty and verity
as all Declarations ought to doe and Likewise the Said Plantiffs in their Declara-
tion afforesaid Saith that it hath pleased God the Day and place aforesaid that
is to Say the 28th day of March 1697 to make the Said Nicholas of [488]
Ability to pay the Same etc. which is uncertaine for any man to know Neither
is it possible for any man to know the ability of another man in paying of
Debts for which many uncertaintyes in the Plantiffs Declaration aforesaid the
Defendant cannot answer, Neither can the Plantives mainteine their Action by
any Such Erronious Declaration wherefore for want of a Sufficient Declaration
to warrant and Meintein the Action aforesaid the Defendant Prayeth Judge-
ment for his Damages and Costs.

Joshua Cecell for the Defendant.

Joynd in Demurrer. William Stone

And the Defendant allso. Joshua Cecell.

The Pleadings of both Sides by the Court being read Seen and Fully under-
stood and Concluded by the Court aforesaid that the Declaration is good not-
withstanding the Demurr thereunto.