240 MARYLAND COURT OF APPEALS

26000 pounds of Tob^o or there abouts by means of Chargeing his insolvent
Debts therein, and interest w^th interest upon interest as aforesaid he pro-
cured your orators Sheriffs bond to be put in Suit tho' as your Orator is well
informed he had noe authority soe to do And tho' the Neglect absence or
other Remissness of your orators Attorneys in not duely fileing Some plead-
ings Requisite in the Cause had Judgment on the Said bond against yo^r
orator and his Security (without the Meritt of the Cause being in the least
come in debate or to A hearing) and the Said 26000 and odd pounds As-
signed him out of the Said Judgment as your orator is informed tho your
orator does not in the least Question (had the meritt of the Matter been
fully heared before any Court of Justice or Jury) Your Orator had been
Cleared from the Oppressions of the Said Bordley w^ch are ag^t all Justice
equity and good Consience. And now not otherwise Releivable but before
your Excellency in this Hon^rble Court. Wherefore the premises consid-
ered and to the End that yo^r orator may have a fair hearing before he be
Compelled by the Rigour of the Common Law and the Said Bordley "s Vio-
lent proceedings against him to pay soe considerable a demand no ways
grounded on Justice Equity or good Conscience he most humbly prays
Your Excy will be pleased to grant him the R^t Honourable the Lord proprie-
tary's gracious writts of Injunction and Subpena to be Directed to the Said
Bordley his Councillors Sollicitors and Atfy's the Said Injunction Com-
manding them to forbear [372] and cease from all further proceedings
Against your Orator at law till the Matter in Equity be heard before your
Excy And the s^d Subpoena Commanding him the s^d Bordley at a day certain
and under a certain penalty therein to be limitted and expressed to be and
appear Before your Excellency in this Hon^rble Court to answer the premisses
And that in his Said Answer he particularly and distinctly Set forth Whether
your Orator has not frequently urged him to receive the Tobo from year to
year left by him in your Orators hands And what the reason was he did not
receive the Same. Whether your Orator did not according to his own de-
mands give him orders on Herring Bay for the Quantity of Tobo herein
before mentioned, and that upon good Substantial Solvent persons. And
whether he did not insist to them or Some of them for Bills of Exch" for the
Tobo, and not the Tobo it Self, whether he does not know in his own Con-
science that Severall of the debts he Expects to be made good by your Orator
were not at the time he gave execution for them desperate insolvent or
the persons Runaway And whether ever M^r Tho^s Reynolds the present
Sherriff did not tender him payment or offer to account for the said Bal-
lance of 3486£ Tobo which only your Orator conceived due to him And
by what authority, and by whose allowance he put your Orators bond in
Suit.

That upon the whole matter your Excellency may make Such Decree for
relief of your Orator in the premisses As shall by your Excy in your great