MARYLAND COURT OF APPEALS 265

Complt whether he does Remember the Said Complt. in the years 1708,
1709, and 1710 reced any Money Saith the Said Compl^t told him he had reced
money but that he did not pay the Same away for Publick dues for that the
Said Complt Said the reason was he Cou'd not Get them to take money when
tendred them w^thout haveing their 111 will.

To the n^th Saith That by the order of the Complt. he this Depon^t deliv-
ered to the Defendant the Acc^t now produced by the Defendant at the Re-
quest of the Complt. N^o 7 and Subscribed by this Depon^t as under Sherr. to
M^r Gassaway and bearing date March the 14^th 1712 in which there is an
Article of Creditt in these words viz^t (Ball^a Due from M^r Gresham for the
year 1710 as his hand March the 14^th 1712 — 29870) but whether the De-
fendant approv'd or disapprov'd of Said Acc^e he dont Remember, And being
Askt by the Def what he knows of the Def^ts Allowance or Acceptance of the
above Creditt in M^r Gassaways hands Saith he has often hear'd the Defend-
ant Say that he wou'd have nothing to do with that tob^o in M^r Gassaway's
hands but kept Said Gassaways Acc^t and the Complainants Seperate or to
that Effect.

[407] To the 12^th Saith That on or about October 1714 he was Commission-
ated to be high Sheriff of Ann Arundell County and that the Complainant
afterwards did draw the note now produced bearing Date Feb^ry the n^th
1714 a Copy whereof is N^o 8 on this Deponant thereby requireing him to
pay unto the Defendant or his order the Sume of 3486"" of Good Tob^o Con-
venient in Ann Arundell County) w^ch this Dep* did Accept the Same day
by under writeing the Same, tho' not at req¹ of the Defendant. And further
Saith that he Soon after Gave the Defendant, Notice of the Said Order and
of his the Dep^t8 Acceptance thereof And afterwards on or about the ig^th of
August 1715 offered the Said Noate So Accepted to the Defendant who re-
fused to Accept thereof. And Saith that the Defendant then Said the rea-
son of his not taking the Said note in payments was that he the Said Defend-
ant apprehended there was a design thereby to Exclude him from any further
Claim and to throw the Costs of Suite Expended in Sueing the Sherr⁸ bond,
upon him. And further Saith that he this Deponant was willing to pay the
Said Noat, for that he was Indebted to the Said Complainant at the Same
time in a large Quantity of Tob^o And further declares that if the Def^t wou'd
have accepted of the Said Noat he this Deponant wou'd have applyed So
much of the Tob^o he paid the Defend* that year towards the Discharge
thereof if the Defend^t wou'd agree to the application

And being askt on part of the Defend^t Saith That he has heard the
Defendant Say that he the Said Defend^t Should be Very willing to Receive
the Tob^o from any body that would pay it but that he wou'd not Give Credit
for any noates till payment or words to that Effect.

And the Said Deponant further Saith that at the time of offering the
afores^d note he owed the Said Defend' about 20000 p^ds of Tob^o and does not