against the plaintiff's demand, and that the defendant may recover the balance thereupon due to him.

Pl'ff as to the

promise.

And the plaintiff says, that as to the £2 5s. and £1 2s. by the defendant above mentioned, he acknowledges, that he did assume and promise as he hath money, did alleged. And as to the note, by the defendant above mentioned, he s ys, that he did not promise, and hereof puts himself on a jury of the country for trial.

To the note did not promise.

1st on settled

2d Goods sold.

And he further says, that the defendant is indebted to him in divers other sums, for this, to wit, that on the first day of June, in the year of our Lord 1790, at the plaintiff and defendant came together, computed and settled their book accounts, and there was found due to the plaintiff the sum of six shillings lawful, in offset, money, which the defendant then and there acknowl- account. edged in writing under his hand; and being therefore liable, promised to pay the same to the plaintiff.-And also for this, to wit, that on the 14th day of July, in the year of our Lord 1790, and before the commencement of the plaintiff's action, the defendant being indebted to the plaintiff, in the sum of 18s. for goods by the plaintiff sold and delivered to the defendant, at his instance and request, promised to pay to the plaintiff the said sum of 18s. when requested; yet he hath not performed his said promises, but the sums aforesaid are now due and owing to the plaintiff; he therefore prays that the same may be set off against the aforesaid demands of the defendant, and he the plaintiff may recover the balance, etc.

not promise.

Ant the defendant says, as to the several demands Defendant did of the plaintiff in offset, last above mentioned, he did not promise as the defendant hath alleged; and of this he puts himself on a jury of the country for trial. Wherefore it is awarded that a jury immediately come, good and lawful men of the vicinity, who are of kin neither to the plaintiff nor defendant, for the trial of

Jury.

Verdict.

Appeal.

the issues aforesaid, between the parties aforesaid; and afterwards, to wit, on the same 3d day of October, 1791, come the jurors of the jury aforesaid, to wit, A. M., S. T., I. K., P. N., D. S., and E. L., good and lawful men, and are sworn upon that jury, to give a true verdict between the parties aforesaid; who, upon their oaths, say, that they find for the plaintiff to recover of the defendant, the sum of £3 lawful money, damages, and his costs: wherefore, it is adjudged by the said Justice, that the plaintiff recover of the defendant the said sum of £3 lawful money, and the sum of 18s. for his costs in and about this suit.

And now the defendant, within two hours after the rendering of the aforesaid judgment, prays that an appeal may be granted him, in the matters aforesaid, to the county court, next to be holden at Rutland, in and for the county of Rutland, on the day of November, in the present year of our Lord 1791. It is thereupon ordered that the defendant be allowed his appeal.

The defendant as principal, and W. S. & I. K., as sureties, recognized to the plaintiff in the sum of £20 for the prosecution of the said appeal, in due form of law.

[L.S.]

The foregoing is a true copy from the record with a minute of the recognizance, examined by

N. O. Justice of Peace.

A copy of the writ should be annexed.

N. B. The form used in a plea of offset, will serve as the form of a declaration in all cases of a similar nature.

Trespass, Assault and Battery.

Be it remembered, That at a Justice's court, holden at Rutland, on the 10th day of May, in the year of our

Lord 1792, before N. O., justice of the peace for said county, A. S., of said Rutland, was attached, to answer to P. P., of the same place, in a plea of trespass, with force and arms, whereupon the plaintiff before the court, complains, that at Rutland aforesaid, on the 2d day of May instant, the defendant did an assault make upon the body of the plaintiff, and him beat, bruise, wound and evilly entreat, while he the said plaintiff was in the peace of the state, and about his own business; to his damage, as he says, £4 lawful money; to recover which he brings suit. And on the same 10th day of May comes here the defendant, and says, that he is not guilty, as the plaintiff against him hath alleged, and of this he submits to the said justice for Whereupon the

trial, and the plaintiff doth the same.

said justice having duly heard and considered the proofs and alegations of said parties, finds that the defendant is not guilty, as the plaintiff hath alleged, and therefore adjudges that the defendant be thereof acquitted, and that he recover of the plaintiff his costs in and about this suit by him expended, taxed by the said justice at 15s. and thereof he may have execution. N. O. Justice of Peace.

Action on Book Account.

Be it remembered, That at a Justice court, holden at Rutland, in the county of Rutland, on the 4th day of June, in the year of our Lord 1792, before N. O., justice of the peace for said county, D. H. of Pittsford, in said county, was summoned to answer to M. P. of Rutland aforesaid, in an action on book account, whereupon the plaintiff, here in court complains, that before the 24.h day of May, last past, the defendant was in

debted to the plaintiff on book, to balance book accounts, the sum of £3 lawful money, which he has never paid, to the plaintiff's damage £4.

And the defendant here in court says, that he does not owe the plaintiff as he hath alleged, and he further says, that there is subsisting between the plaintiff and defendant mutual accounts, yet unsettled, he therefore prays that the same may be tried by a jury of the country; wherefore, it is ordered that a jury immediately come, good and lawful men of the country, who are of kin neither to the plaintiff nor to the defendant, to recognize between the said parties in the matters aforesaid. Afterwards, to wit, on the sime 4th day of June, in the year of our Lord 1792, aforesaid, come the jurors of the jury aforesaid, to wit, A. R., etc., good and lawful men, and are sworn upon that jury, to give a true verdict between the parties aforesaid, who upon their cath say, that the defendant is indebted to the plaintiff, the sum of 10s. to balance their book ac counts, they therefore find for the plaintiff to recover of the defendant, the aforesaid sum of 10s. lawful money and his costs. Whereupon it is adjudged and ordered, by the said justice, that the plaintiff recover of the defendant, the aforesaid sum of 10s. and his costs, taxed at 18s. lawful money, and thereof he may have execution.

N. O. Justice of Peace.

On note, the defendant being out of the State. RUTLAND Be it remembered, That at a justice's court, COUNTY. holded at Rutland, in the County of Rutland, on the 7th day of August, in the year of our Lord

1791, C. D., of

was by his property attached to answer to A. S., in an action on note, whereupon the plaintiff here in court complains, that the defendant in and by his certain note in writing, under his hand, dated the 27th day of April, in the year of our Lord 1790, and now exhibited to the court, promised the plaintiff to pay to him, for value received, the sum of £2 4s. lawful money on demand, with interest; yet the defendant hath never performed his said promise, to the plaintiff's damage as he saith, the sum of £3 to recover which he brings suit.

And because it appears to the said justice here, that the defendant at the time of serving the writ of the plaintiff in this action, was absent out this state, and hath not returned within the same, since that time, it is therefore ordered that this court, with the action aforesaid, be adjourned until the 30th day of this instant August, at 2 of the clock, afternoon of said day, at this place; at which day comes the plaintiff, and because the said defendant hath not returned within this state, and it doth not appear that the said defendant hath had any notice of the plaintiff's said action, commenced against the defendant as aforesaid; it is therefore ordered that this court, with the action aforesaid, be further adjourned, until the 25th day of September now next, at 2 of the clock afternoon of said day, at this place; at which day comes the plaintiff, and the defendant being three times solemnly called, doth not come, but therefore maketh default; whereupon it is adjudged and ordered by said justice, that the plaintiff recover of the defendant the sum of £2 9s. damages, and the sum of 8s. 6d. for his costs, and hereof he may have execution.

N. O. Justice of Peace.