MARYLAND COURT OF APPEALS 239

ley when the orders were tendered but that he would not receive it, Insisting
on Bills of Exch^a for the Tobo at his own rate Which they Said [a]nd truely
they were not obliged to pay, neither was your Orator (his Ball^a being due in
Tobo) to Answer it in money.

That afterwards when M^r Tho^s Gassaway came [370] to be Sheriff your
orator offered him his pay in the Said Gassaways hands who was willing to
give his Accounts Creditt for the Said Ball^a and in Tob^o time pay the Same
as is Usuall when one Sherief Succeeds another but that was refused and
your Orator put to the great inconveniency of making the Said Bordley
payments as he was pleased from time to time to draw his orders upon your
orator w^th which he Complyed to the quantity of 27731£ Tob^o and then
there Remained due to him noe more then 3486£ of Tob^o as the Accounts
were then Stated tho' afterwards it appeared by an Acc^t of the Said Bord-
leys own Stateing there was then due but 2637^ of Tob^o but before the
Stateing that Account your orator drew an order dated the n^th of Febry
1714 on M^r Thomas Reynolds then and now high Sheriff of the County to
pay the Said Bordley the Said former ballance of 3486£ of Tob^o who Duly
accepted the Same and accordingly your orator accounted w^th the Said Rey-
nolds for it and the Said Bordley promised to Accept the Said pay and Ball*
in the Said Reynolds hands (as your Orator Questions not in due time to
prove) and putt all other Matters in dispute between your orator and him
about his insolvent and disperate fees to a Reference Provided your orator
would make him payment of a Demand he had upon M^r Thomas Gassaway
of 5ooo£ of Tob^o debt and Costs 705 to w^cn your orator agreed and accord-
ingly paid him in Ready Tob^o 592 4£ as per his then Receivers Receipt will
appear Soe that upon the whole Matter the Said Bordley's treatment of your
orator has been Vexatious froward and unjust And to make the Same Evi-
dent to the world he draws up an Account against your orator, Charges him
therein with all his desperate insolvant and Runaway Debts as afd Makes
yearly ballances in the Said Acc^ts Charges Interest upon the Said Ballances
and So yearly and gradually interest and interest upon interest although it
was always his own fault he had not his full payments yearly made him your
orator being always ready and willing to doe the Same But he or those he
ordered his Tob^o to neglected, or Refused to accept thereof (as your orator
doubts not to prove) And therefore it Seems grievous to your Orator, and
hopes it will Soe to your Excellency that a Sheriff or bare Receiver of a
mans debts Shall pay Interest for a debt by him received, When he is willing
to pay [371] it and offers Soe to do to the person employing him who neg-
lects or Refuses to take it but leaves it in the Receivers hands and at his
Risque waiting for an opportunity till the Comodity proves Scarce and in
great Demand, which was always the Said Bordley's practice in Reference to
your Orator; And to Crown the Injustice of the Said Bordley's dealings in
Relation to your Orator after having Swelled his Acc^t up to the Quantity of