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Kent County Court, Proceedings, 1701-1705
Volume 740, Page 140   View pdf image
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        to any of the inhabitants of this province whereby
        he might be liable to Justice here to the great damage of
        the Said Plaintifs and against the form of the Act of
        Assembly afd by reason of which Said Conveying the—
        Said Richard Jerome out of this province as afd &
        Not procuring his retn in one Month after according to
        the afd Act of Assembly accõn accrued to the Said —
        plaintfs: to have and require of the Said Rennatus Smith
        the afd Sume of 3612 pounds of tobacco together
        with the Damages &ca. and thereupon they bring this
        Suit~    Pledges &ca. John Doe R Roe ~
   Rennatus Smith |    And the Said Deft: by Michael Earle his
Ads |    Attry Comes and defends the force & Injury
   Charles Marshall |    When &ca: and for plea Says that
   & Uxr~~       that the plaintifs their acc‘n agt him
        the Said Deft: Ought not to have and Maintaine for
        for yt. the Said Defendt. Sayth yt. he is not obliged —
        by the Afd Act of Assembly to Satisfy and pay ye. Said ==
        Sume of three thousand Six hundred and twelve pounds
        of tobacco in Said plaintfs decln Menconed all which
        he is ready to Averr and therefore prays Jugt. for his
        Costs to be Adjudged unto him by this Court &ca: ~
   Charles Marshall & Uxr: |    And the afd plaintfs by their afd Attry —
at |    for replication Say that the afd plea of the
   Rennatus Smith |    afd deft. in Manner and form afd pleaded —
        And the Matter therein Contained is not Sufficient in law to Cause
        the Said plaintifs to Make Answer thereunto and yt. they to that
        plea in Manner and form afd pleaded hath not necessity Nor by
        the Law of the Land is bound to Answer and this they are ready to
        Averr and thereupon prays Judgt: for their debt   and damages
        to be adjudged unto them &ca:
   Imprs: the Said Defendt: in his plea afd Saiyth the plaintfs ought
        Not have their accon &ca: because the deft: by the act—
        of Assembly is not Obliged &ca which plea afd is altogether
        insufficient and uncertaine and too Grãll for and no Answer to
        the plaintfs. decln for the Defendt: in his afd plea hath not taken
        Any Isue nor Assigned Any to be taken &ca: Macklin pr qr.
                Demurr. Joyn’d Earle pr Dte                                          ( the



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Kent County Court, Proceedings, 1701-1705
Volume 740, Page 140   View pdf image
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