( 35 )          7ber 15^th - 1692
Somerset Ss //                                                                          Reasons to shew                                m^r Ro: Wilford now Sitts in Court
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ffirst     Why Execution shall not pass upon a judgm^t  Obteined by ffrancis Gunby plt. agt
Thomas: Jones Dft in March 1691/2 in an action of trespass upon the Case (viz) C
ffirst     That no accon of trespass upon the Case shall be taken Notice of, in any Court of Judication
in this Province but must be looked upon as null & void in Law after so many B
years, as in the Said Law is limited. Reference to which law, may further & more
at large appeare. So that here is an action of trespass upon the Case of near fourteen
years Standing. ergo Null & void.  -   -   -   -   -   -   -   -   -   -   -   -   -   -   -   -   -   -
 
2dly.     Wee are declared agt for taking up Selling & disposeing a Certaine horse without
Order; knowledge, privity or Consent of the Owner, either by word or writing. if so
then they ought to have had fourfold damages, besides the utmost penalty the law
Inflicted, So that this Order is no way agreeable thereto. Ergo Null & void C
3dly      That if the Jury & Court did Conclude, that we had Orders to Sell the sd horse
that then they ought to have only judgm^t. to acco^t; the which wee all wayes have been
& now are Still ready to tender;  So that Orders or not Orders this judgm^t is void
4^thly      & Lastly that these things Considered, The Court may be pleased, to grant us an Order
for our just and honest account that a Ball may be made upon Record & that we
may have our due Course for these many Scandalls allready vented against us is
The desire of yo^r humble Servant.
Tho  Jones . ===
    Which reasons abovesd was p^r Court Ordered to be Recorded.
 
    The Deposition of Thomas: Rolph. Aged about fourty one years of age declareth & Sayes
     That about a year past. William: Burch Called Thomas Porter HoggStealer & Saith that
    he would prove him  So & further Saith not.  Tho: Rolph: 7.ber y^e 15^th 1692
Deposition Sworn to in Open Court p^r sd Rolph. as attests Jn^o West Clr Cur .
  
                     m^r Joseph: Gray in Open Court Confessed judgm^t fo^r 6600^lb Of tobacco as p^r Bill & acco^t
    proved in Court by Wm.Brittingham.w^ch. sd 6600 pounds this Court grants Ord^r for agt sd Gray
    due to be pd to sd Brittingham. / vide lib.  P.B:W: Z. Bill & acco^t