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362. April Court, 1755.

guilty with leave to give the special Matter in Evidence, Mosely Battaley Gent. Attorney of our said Lord the King joined the Issue, & the trial thereof is referred till the next Court.

In the Action of Trespass upon the Case between Cain Withers Plt. & William Lymn deft. the deft.the deft. [sic] pleaded not guilty, with leave to give the special Matter in Evidence the Plt. joined the Issue & the Trial thereof is referred till the next Court Absent Henry Fitzhugh, & Thomas Fitzhugh Gent.

In the Action of Trespass upon the Case between William Anderson Plt. & John Hamilton deft. the deft. came into Court & confessed Judgment to the Plt. for five pounds seventeen Shillings it's thereupon considered by the Court that the Plt. recover the Same of the sd. deft. & his Costs by him in this behalf expended.

In the Action of debt between John Leech Plt. & John Hamilton deft. the special Verdict in this Cause being argued the Court being argued are of opinion that the Law is for the Plt. It's thereupon considered by the Court that the Plt. recover of the sd. deft. the Sum of six pounds nine Shillings in the Verdict aforesd. mentioned, & his Costs by him in this behalf expended ~

In the Action of debt between Francis Dade Plt. & Thomas Massey deft. for one hundred pounds Sterling damage by Means of the deft's. breaking & entering the Close of the Plt. at the Parish of St Pauls in this County as is set forth in the Declaration. The several Orders for a Survey in this Cause not being complied with, It's again ordered that the Surveyor of this County in Company of an able Jury of Freeholders of this County who are no ways concerned by afinity, consanguinity, or Interest, nor liable to any other just Exception, to be summoned by the Sherif[f], & sworn before a Justice of the sd. County go upon the Lands in Controversy on the fifteenth day of this Instant, if fair if not the next fair day, & survey, & lay off the the same as either Party would have it, & as the sd. Jury shall think fit, having regard to all Patents & Evidences as shall be produced by either of the Parties. And if the deft. is a Trespasser the Jury are to value the damages, & report all Matters of Fact specially to the next Court, & the Sheriff is ordered to attend the Jury to remove force (if any offered) And the Surveyor is to return three fair Plats & Reports to the Clerk's office in due Time before the day of hearing. ~