MARYLAND COURT OF APPEALS 645

as in the said Replication is alledged, But the said Roger saith that As to five
Thousand two Hund^d and Seventy Nine Pounds of Tobacco Part of the said
Sixteen Thousand Six Hundred and Eighty three Pounds of Tobacco he the
said Francis Afterwards and before the Impetration of the Writt aforesaid by
the said Attorney Gen^ll for the Said Lord Propry against the said Roger
Mathews Viz^t: the Ninth Day of June [844] In the Year of Our Lord One
thousand Seven hundred and Twenty Six in Baltemore Co^ty aforesaid Did
Pay and Satisfie Unto the Said Thomas Bordley in his Lifetime the said
Quantity of five thousand two Hundred and Seventy Nine Pounds of To-
bacco And as to the quantity of Eleven thousand four hundred and four
pounds of Tobacco the remaining part of the Said Sixteen thousand Six hun-
dred and Eighty three Pounds of Tobacco he the said Francis Holland Did
before the impetration and Exhibition of the Writt afs^d by the said Attor-
ney Gen^!l ag^{ the said Roger Mathews as afores^d Viz^t: on the first Day of July
in the Year of Our Lord One thousand Seven Hund^d and twenty Six in Balte-
more County afs^d offer unto the Said Tho^s Bordley in his Lifetime the said
Eleven thousand four Hundred and four Pounds of Tobacco the remaining
Part of the said Sixteen thousand Six Hundred and Eighty three Pounds of
Tobacco According to the form and Effect of the Condition afores^d Without
that, that he the said Francis Holland Did assume Upon himself And to the
said Tho^B Bordley Did promise in Manner and form as the said attorney
Gen^ll by his Replication afs^d hath Alledged to pay to the said Thomas Bord-
ley the said Sixteen thousand Six Hundred and Eighty three pounds of To-
bacco And this he the said Roger is also ready to verifie Wherefore he prays
Judgment as before And that the Said Attorney Gen^ll on behalf of the Lord
Propry the Action afs^d Against him the Said Roger from having may be Pre-
cluded etc:

And the Same attorney Gen^ll Saith that the Afs^a Plea by the Afs^d Roger
Above by rejoynder Pleaded and the Matter in the same Contained is not
Sufficient in Law the Same Attorney Gen^ll from the Action Afs^d to Preclude,
And that he to that Plea in Manner and form afs^d Pleaded hath no need nor
by the Law of the Land is held to Answer And this he is ready to Verifie
Wherefore as before Prays Judgment for the Debt afores^t together with the
Damages Occasioned by the Detention of that Debt to be to him the said
Lord Propry Adjudged.

And the afs^a Roger Mathews for that he hath Above in his Rejoynder
pleaded alledged Sufficient matter in Law to Barr the afs^d attorney Gen^ll for
the said Lord Propry from having his Action Afs^d against him the said Roger
Mathews which he is ready to verifie which matter the Afs^d attorney Gen^ll
hath not Gainsayed nor thereunto in Anywise Answered But the same to Ad-
mitt for true hath Altogether Refused as before Prays Judgment and that the
Said Attorney Gen^ll from his Action Afores^d for the said Lord Propry Ag^{
him the said Roger Mathews May be Barred etc: