MARYLAND COURT OF APPEALS 241

Wisdom and Justice be thought consenant to equity reason and good con-
science and your Orator as in duty bound shall pray.

Tho Macnemara

Your Orator Most humbly further Sheweth Unto your Excellency that
Since the filing of this Bill M^r Tho^s Bordley therein mentioned Conceiving
that the Injunction obtained by your Orator did not by the Strict words
thereof forbid further proceedings against your Orators Security M^r Tho⁸
Gassaway altho' it was the clear designe of your Orator So to have had it, for
that he cou'd reap no benefit thereby unless his Security as well as himself
were to be secure ag^t the said Bordley's prosecutions) untill the merit of the
cause were heard before your Excellency The said Bordley issued for the
execution ag^t your Orators Said Security Tho^s Gassaway and kept him in
the Sherriffs Custody untill your Orator (who cou'd not bear the thoughts
of Seeing his Security Suffer) was Compelled to pay the said Bordley what he
pleased which was one hundred and fifty pounds Sterling for his pretended
Clairne, which he [373] actually did, but your Excellencys Injunction to
Justice being Such as to allow your Orator liberty to amend his Bill So as not
to putt him to the charge of filing a new bill for his relief to have the said
i!jo£ with interest refunded in case (upon hearing the whole merit of your
Orators complt your Excy Shall Judge it reasonable to relieve him) he most
humbly prays, that in Such case your Excy will please to Order in your Decree
to be made in the premisses that the said i5o£ with interest or soe much
thereof as your Excellency in Equity and good Conscience Shall think rea-
sonable to be refunded be paid to your Orator by the said Bordley And as in
duty bound he will pray

Tho Macnemara

The answer of Thomas Bordley defendant to the Bill of Complt of John

Gresham Complt

This Defend^t Saving and reserving To himself now and all times here
after the benefit of exception to the manifold incertaintyes insufficiencyes
and other Imperfections of the Complainants Said Bill of Complt answereth
and Saith That he was Clk of Ann Arund" County in the year Seventeen
hundred and three and continued So till about the year Seventeen hundred
and nine And was also Deputy Commissary of the said County about the
year Seventeen hundred and Six and Continued So till the year Seventeen
hundred and twelve And that about Nov^r or Dec' in the year Seventeen
hundred and three he put a List of Clerks fees Amounting to about nine
thousand pounds of Tobacco into the hands of the Complt then Sherriff of
Ann^ll County to be by him Collected according to law with an ex^o thereto
annexed whereof the Said Complt by the law and the tenour of the said
Writt was obliged to make return by the tenth of Aprill then next, that this
defendant had likewise an allowance made him by the s^a County Court in