MARYLAND COURT OF APPEALS 257

never made any Legal Demand of his dues from this Repliant The Repliant
protesting that he was always desirous to account Together w^th the Defend'
but his frowardnesse and haughty Temper always prevented him and there-
fore was always oblig'd to treat w^th him by Messengers, wherein he now
thinks himself som what Happy being thereby able to prove other facts and
things then the Defendant beleives and alleadges in his Answer; The Reply-
ant Say'th that he Can't See w* use the Defendant can well make of this
Replyants refuseing his noat to M^r Thomas Wells drawn on M^r Gassaway
when Such a Noate is noe real pay or tender and was altogether at the Elec-
tion of the Replyant to accept of it or returne it, this Replyants Demand
against the Said Wells being private and not on Account of his being Sheriff.
This Replyant Sayth and hopes to prove that on accommodating the [396]
Difference and Law Suit about the five thousand pounds of Tobacco due on
M^r Edward Botelers noate and w^ch the Defendant very cunningly Assigned
to M^r Beard to avoid a Discount, and Even being obliged to Come to a fair
Account w^ch this Replyant Intended then by Equity to oblige him to, the
Defend^t faithfully promised to Submitt all the differences in Accounts be-
tween him and the Replyant to Coll^o Samuel Young and Coll^o Richard
Tilghman, the Very first time they Should happen to Come to Annap^o or
whensoever they Should be at leasure to Determine it But the Defendant
was afterwards Soe farr from Complying w^th his word that he Utterly Re-
fused the Same unless this Replyant would Condescend to give him a pre-
mium for it, and then proposed Coll^o William Holland in Coll^o Tilghmans
roome, This Replyant declares that he was always able and willing to pay
the defend^t all his just due but never Could prevaile on the Defendant to
Settle it, or appoint any indifferent persons to adjust it and whereas the
Defendant points in his answer to an Act of Assembly Relateing to tenders
of Tob^o whereby he Says the Defendant might if he pleas'd have extricated
him from the Burthen of being Indebted to him the Replyant in Returne
points out of the Defendant an act of Assembly Directing Sheriffs in their
offices and Restraining their ill practices w^th in this province whereby the
Defendant is oblig'd yearly before the twenty fifth of December to Signifie
his desire to have his Tob^o paid him that Crop or Tob^o Season, or that it
Shall be at the Choice of the Sheriff whether he pays him that year or noe
and by w^eh this Replyant is Advised the Def^t is barred from any Interest un-
lesse Such a Demand be proved to have been made Annually, and hopes that
better proof thereof then what is Contain'd in the answer, and then the De-
fendants own oath will be Required the Defend^t Claiming a very Large
Sume of Tob^o for Interest, This Replyant Saith that from the year one thou-
sand Seven hundred and nine to one thousand Seven hundred and fourteen
Tob^o was in very little or noe Demand w^cn was the Reason this Replyant be-
leives the Defendant did not make early demands of his Tob^o but when
towards the beginning of Summer Tob^o grew then in the Country and Some