242 MARYLAND COURT OF APPEALS

November Seventeen hundred and three in his the said Complts hands to
the sume of two thousand Six hundred and thirty pounds of Tobacco out
of which two thousand one hundred and eighty four was payable to Said
Thomas Lawrence then Secretary and this [374] defendant drew an order
on the said Complt for one thousand pound[s] of Tobo payable to one Capt
Smith which was produced to the Complt about the Second Tuesday of
March i7o| or after but the s^d Complt altho' he was accountable for about
Seven thousand nine hundred and eight pounds of tobacco out of this de-
fendants list aforesaid Obstinately refused to accept or pay this defend-
ants order to the s^d Smith alledging he was not obliged to pay anything
out of Such list till the tenth of Aprill following and wou'd not accept the
same till he found this defendant resolved to Sue his the s^a Complts bonds for
Such unreasonable usage nor then untill he was over perswaded thereto by
a certain W^m Bladen Esq^r who this defendant heard and believes was one of
the said Gresham's Suretyes for the due discharge of his s^d office of Sheriff
That This Defendant in the year Seventeen hundred and four had Sundry
other fees due to him as Clerk of the Said County for that year but by the
unhappy Accident of the Court-House fire at Annap^o in October Seventeen
hundred and four the most or all of this Defend^ts papers and his book of
Acc^ts were burnt and Sundry other things of this Defend^ts to his great loss
and damage he being then but lately Come at age and a young beginner in
the world but having w^th much Care and trouble recovered from the Records
the most of his feas prepared a list with an Execution Annexed to the Said
Sheriff for the Collection and Executing of about twenty five thousand of
Tob^o of Such fees as he had So Recovered and Some time about November
Seventeen hundred and four tendred the Same to the Said Gresham w^th the
Sev" Acc^ts of particulars that made the same appear to be by him executed
According to Law but the Said Gresham refused So to do unlesse this DeP
would deliver or Cause to be Delivered the Sundry particulars of his Acc^ts
to the Rispective Debtors or (as this Deft has heared and Verily believes)
unless this def^t wou'd pay him five or tenn per Cent beyond what the Law
allowed for Such his Service this Def being credibly informed and Verily
believes that the Said Gresham oblig'd a Certain Evan Thomas this Def^t
imediate predesessor to pay him twenty in Stead of tenn per C^l for Such his
Service that thereupon this Def^t petitioned the House of Assembly in De-
cember Seventeen hundred and four Setting forth the Hardships of his Case
and praying that it might be declared to be the intent of the Act of Assembly
that the Sheriff in Consideration of the [375] tenn per Cent Should deliver
Such Acc^ts of particulars to the Severall and Respective Debtors according to
the undeapable [sic] Custom of this province whereupon the Said House be-
ing Satisfyed of the Reasonablenesse of this Def^ts prayer his Said Petition was
endorsed as followeth Viz^t by the House Deligates Dec^r the g^m Seven hundred
and four the within Petition being here read and Considered this house are