244 MARYLAND COURT OF APPEALS

further Saith that he never expected that the Said Gresham Should make
good all the insolvent Desperate and runaway Debts inserted in his lists as
in the Comp^lts is most falsely alleged but always did and yet does insist that
the Said Gresham Should make good and be answerable for all Such good
Debts as were put into his hands where was receipts appeared ag^f them and
also for all such Debts as were lost or became Insolvent merely by his neglect
of duty in Secureing them after he had a Lawfull opportunity Soe to do. but
the Said Gresham has used to alledge it was in his own Choice whether he
would or would not execute writts of Execution for officers Fees And that
he was not bound to Serve them otherwise then at his discression or to that
effect that the Said Greshams Sherriffalty Ended Sometime in the year
Seventeen hundred and five when there Remained Due to this Def^t from
the Said [377] Gresham about Seventy five thousand one hundred and fifty
four pounds of Tob^o the ball" of Accounts as by him Stated and in the year
Seventeen hundred and Six the ball" due to this def^t from the Said Gresham
was thirty thousand two hundred and Seventy four pounds of Tob^o by his
Acc^t rendered him; the Suine of twenty thousand pounds of Tob^o of w^cn the
Said Gresham paid him by a promissary note from Maj^r Josiah Willson in
whose hands being an honest Sheriff this Def^t was Glad to take it and Should
have been well pleased to have taken the whole ball" there but there re-
mained due to this Def^t about the Sume of Six thousand two hundred and
Ninety Nine pounds of Tob^o from the Said Gresham till the year Seventeen
hundred and Eight in w^ch year much to this Def^ts Damage the Said Gresham
became Sheriff of Ann Arundell County and all former Ace*" were then or
before redused by both partys to that Ball* So that this Def^t Hum[bly] Hopes
that part of the Compl^ts Bill w^ch Relates to any Matters Transacted before
the year Seventeen hundred and Eight will be deemed merely frivilous and
Vexatious and on purpose to give this Def^t the trouble of Answering them.
That this Def^t about the Latter End of November Seventeen hundred and
Eight put into the Said Gresham's hands a list of Clerks fees on Execution
amounting to about Seventeen thousand two hundred and Eighty pounds
of Tob^o And of Deputy Commissary's fees and perquisites due to this Defend-
ant amounting to about two thousand Seven hundred and thirty two pounds
of Tob^o in the whole twenty thousand and twelve pounds of Tob^o to be by
him Collected according to Law and also in the year Seventeen hundred and
nine in December put two Such other lists into the Said Gresham's hands
w^ch amounted in the whole to about the Sume of four thousand and forty
two pounds of Tob^o in all w^ch lists this Defendant beleives there was not
above two thousand Six hundred and Eleven pounds of Tob^o due from
persons that were insolvent at the [378] most (w^ch the Compl^t by his letter
under hand of the Seventh of Jan^ry Seventeen hundred and Sixteen ready to
be produced Seems to allow of) So that the neat ball" of those lists after in-
solvencies and Sallary deducted Should be about Nineteen thousand two
hundred and Ninety Nine pounds of Tob^o