254 MARYLAND COURT OF APPEALS

Evan Thomas, And as to the defendants petition to the Assembly and the
order thereon made which this Replyant is advised is forreigne to the matter
in the Bill he is advised the Said order lookes more like a modest rejection
of the petition and a repremand than any opinion in favour of the Defendant
This Defendant is obliged to take Notice of the Defendants readyness to
belive anything to the Disadvantage of him or his father when he is pleased
to say in his answer he believes that the Complainant, not giving a Bond for
the due execution of his Sherriffs office in November one thousand Seven
hundred and four proceeded from the Complainants father being Chief
Justice then of Ann Arundell County thereby to insinuate that the Com-
plainant was favoured whereas in truth Severall Such ommissions have hap-
pened before and Since in the case of other Sherriffs This Replyant also Sayes
he hopes noe discerning and Impartial man will believe he ever refused to
take upon him the Collection of any man's List, whilst Sherriff that would
hear reason, and receive Such returne of it, As he could make with regard
had to the Substance and poor Circumstances of the people charged, when
all persons know that the greatest part of the Sherriffs perquisites arise by
Collections; And therefore hopes that part of his belief will be other wise
proved than by his own oath especially when he shews no Cause to ground
it on, And this replyant hopes as the Defendant [392] takes it his right to
Collect the most Valuable part of his debts that this Honourable Court will
not Judge it the Duty of this Defend^t as Sherriff to Send about the Countrey
to deliver particulars of Demands that are thought by the Defendant him-
self precarious to make the Severall persons debtors thereto in his books,
And keep an account thereof with the Defendant without any reward or a
Seeming probability of any unless the Defendant was pleased to allow it,
which he Seldome or ever was known to do This Repliant further Sayth
that on his going out of his office in the year One thousand Seven hundred
and five, there was a Ballance due to the defendant to him of twenty five
thousand one hundred and fifty four pounds of Tobacco, occasioned by his
unwillingness to receive it, Tobacco being low, not altogether on account of
Collections made for him but a great part on account of Notes and orders
he procured on this Replyant, And this Replyant being willing to pay him
off the said Ballance and get clear of So rigorous a man about the year one
thousand Seven hundred and Six procured him Maj^r Josiah Willson his
Successor in the Sherriffs office his Note for the payment of Twenty thou-
sand pounds of tobacco which, together with other just articles he had against
the Said defendant he hoped wou'd have aboundantly Sufficed to discharge
the def^ts claime untill he found Some time after that the said Defendant had
gott Some other orders on him, of which this Replyant had not timely Notice
and So after that payment there r[e]mained due to the Said defendant the
Said Six thousand two hundred and Ninety Nine pounds of tobacco as in
his answer mentioned which the defendant on demanding might have had