Edenton,

- Term, 17-.

#### MITCHELL versus CLARKE.

MOTION by Iredell for plaintiff to prove work and labour done, not by the plaintiff himself, but by negroes which the employed: and goods &c, sold and delivered for the use of the *26defendant, by fundry persons and paid for by the plaintiff, under the book debt act.*

Objected by Mr. Att. Gen. Moore,

that this is neither within the spirit nor letter of the act, because the work was not done by the plaintiff himself, &c.

But, on a long time taken up in discussing the subject, the court overruled the objection, and admitted the plaintiff to swear.