MARYLAND COURT OF APPEALS 243

of: oppinion that the Laws of the Province have Sufficiently provided in
Such Case therefore the pet^r is referred to the Law for his relief Signed per
order W. Taylard Cl. H: D as per the Said petition and endorsement in this
Def^ts hands ready to be produced may appear; that this Def^t gave notice to
Said Gresham of his having obtained Such in his favour and again
offered the Said Gresham the list and Execution w^th the Severall Accounts of
particulars desireing him to do his duty therein but the Said Gresham Still
Refuseing So to doe oblig'd this Def^t to enquire into the Said Gresham's
Bond of Sheriffalty, for that year he being advised that Such Refusall being
a breach of his Duty remedy was to be taken by Sueing his Said office bond
but on enquiry he cou'd not find the Said Gresham had given any bond for
that year but believes the Said Gresham's Father being then Chief Justice
of the Said County Court the takeing Such Bond had been either designedly
or neglegently omitted till the Seventeenth of March 1704/5 So that this
Def^t cou'd have no recourse thereto or remedy by law And this defendants
loss by the fire aforesaid render'd it unconvenient to him to proceed in
Equity against him that thereupon the Deft frequently impartained the Said
Gresham to take the Said list but the Said Gresham depending as this Def⁴
Supposes upon the Circumstances afd or Some of them refused to Accept the
Same till the thirtyeth of December Seventeen hundred and four at w^ch time
the Said Gresham finding (as this Def^t believes) that he cou'd not get more
then 10 per Cent from this Def^t Accepted the Said List on this Defend^ts [376]
promiseing that he wou'd be Content w^th a reasonable return thereof w^ch
is what this def^t then and yet beleives the Law would oblige him to be Con-
tent with and the Greasham to make; w^ch is all the Conditions or terms that
ever this defend^t made w^th the Said Gresham in relation to any Receipt or
Returns of any Lists of fees whatsoever to the best of this Def^ts Remembrance
nor can this Def^t call to Remembrance that he ever had or made the above
or any other Condition w^th the Said Gresham on his Acceptance of any other
Lists Save that above mentioned to have been made in December Seventeen
hundred and four in Respect to the List of that year nor did this Def^t ever
Petition the Assembly about any other Matter Relateing to the Said Gresham
Save as above mentioned all w^ch is long before the Date of the Sherriffs Bonds
in the Compl^ts bill Mentioned That this defendant observing the nicetys
that the said Gresham insisted on upon the payment of his Note to Cap⁴
Smith and other critical advantages he always Seemed inclinable to take of
this defendant did not put Such debts into the s^d Gresham's hands to Collect
for him at the expence of ten per Cent Sallary as were due from persons
which he lookt upon to be more punctual paymasters than himself And
this defendant likewise Saith that where he owed such Merch⁴³ for goods as
owed him Tob^o for fees he took the liberty of discounting Such debts himself
w^th out Giving the Said Gresham ten per Cent to do it for him as this Def⁴
w^th Submission to better Judgments 'thinks it was well lawfull And the Def^t