266 MARYLAND COURT OF APPEALS

remember that he paid him any ready Tob^o that year Except Some Small
Matter by way of Discount.

[408] To the 13^th Saith That there hath been a Clashing between the
Complt and defend^t about the Defend^ts list of fees as Clerk of Ann Arundell
County and that he heard the Complainant Say that the Defendant was some
what unreasonable w^th him in Requireing him to make good Insolvencies
in the year Seventeen hundred and three to the best of this Dep^ts Knowledge,
And that therefore he the Said Complt. wou'd not undertake the Collection
of his list in the year 1704 unlesse he the Said Defendant wou'd Accept of
a reasonable Return of it w^cn the Defendant in the year 1704 Agreed to Ac-
cept of. And being Askt whether he knew of any other agreem^t between the
Complt and Def^t about any other list Saith he does not.

To the 14^th Saith That on or about the 19^th of June 1712 he this Dep^o being
Receiver for the Def^t (by the Complt^s order) paid to the Defend^t among
other Tobacco's one Hhd. at M^rs Elizabeth Hammonds the Widow of Wil-
liam Hammond Deed Q^ty 804 and that Some time after in the Same year
being at the Said Widow Hammonds House She told him that M^r Edward
Burges Jun^r Receiver for M^r W^m Nicholson had been there and had Markt
2 hhd^s of Tob^o for Said Nicholson on Acc^t of the Sheriff who was Indebted
to Said Nicholson as the Said Burges told her, but She to the best of this De-
ponants Memory not being Satisfyed w^th the Said Burges's Authority to Re-
ceive the Same Came to Acquaint the Complt (as the Said Widow to the best
of this Dep^ts Memory told him) thereof And that afterwards he this Dep^t did
Scratch out or Gave orders to Scratch out the Mark put on Said Hhd^s by
Said Burges and ordered them to be Markt again for the Use of the Defend^t
on the Complts Acc^t and beleives the Said 2 Hhd^s are the Same mentioned
in M^r Nicholsons Dep^o And being Askt by the Defend^t whether he knows
that M^r W^m Nicholson was paid in ready Tob^o for an order for 1800^lb tob^o
in the year 1711 drawn by the Defendant on the Complt that year any other
way. Saith he does not Except 612 w^ch he this Deponant paid him, w^ch the
Said Nicholson would not Receive any otherwise than on that Acc^t but fur-
ther Saith that the Said Nicholson had Credit for the Said 1800^lb Tob^o in the

Sheriffs books. And further this Dep" Saith that for [409] about the Space

of 16 years past and upwards he this Dep^t Acted as under Sheriff or High
Sheriff w^thout any Intermission in Ann Arundell County and in all that time
had the North Side of South and Severn Rivers for his walks and Generally
as well for himself as for those he Acted under Setled Acc^ts w^th the Inhabit-
ants on the North Side of Said Rivers, that he does not know that the Def^t
made yearly Demands (as by Act of Assembly required) of the Complt or
of his this Dep^o as Undersheriff of the Tob^o he Claimed of the Complt but
on the other hand very often and in Severall years before any Suits between
the Complt and def^t were Commenced has heard the Complt Express a Great
deal of Desire and Earnestnesse to have the Defend^t paid off and desir'd this