268 MARYLAND COURT OF APPEALS

ster pariches untill the 40 per pooll was Satisfyed w^ch he Said he was oblig'd
to do According to Law. And further Saith that he does not know of any
other Notes that the Said Complt fell Short in paying off (save the Def^ts) to
the Said Brice that year, that he this [411] Deponant has told the Complt
that he has often hear'd the Def^t Complain that the Complt always preferr'd
his better friends in payment before him the Said Defendant, but this De-
ponant Saith that he knows nothing of any Such preferance made by the
Complt, Save w^t is before Declared That the Depon^t beleives the Acc^t and
Letters N⁰⁸ B.B.B and here prduced is the hand writeing of the Complt,
And the Dep^t further Saith that to the best of his Remembrance Rich^d Kelk
Runaway Sometime in the year 1710 being arrested by the Deponant as
under Sheriff at the Suit of Tho^s Andrewes and Sundry others, and that he
beleives Rich^d Kelk Mentioned in the List N^o 9 is the Same R^d Kelk in the
List of the Defend^ts Clerks fees, And this Deponant being askt by the De-
fend^t whether he remember W^m Taylard was allowed in the Compl^ts Hands
in the year 1708 any Sume of Tob^o Saith he does not Remember but for
better Certainty Referrs himself to the Publick and County Levy Lists, that
the Dep^t beleives Richad Kelk liv'd in Annap^o about 3 or 4 Years before he
runaway, But the Complt and Defendant Referring the Insolvancies and
and [sic] denyed Debts in the Said List N^o 9 to the Consideration of the
Chancery Court the Dep^t is not further Examined in Relation thereto. The
Dep^t further Saith that he does not know of any Tob^o tender'd by the Complt
to the Defend^t between the 25^th of Nov^r and the last day of March in any one
year and further Saith not.

The Deposition of Thomas Macnemara Esqr (on the part of the
Complt) being Sworn on the holy Evangelists to the 8^th and 9^th Inter Saith
That Some time in Aprill or the beginning of May 1715 (being after a
Judgm^t Recovered by M^r John Beard ag^t M^r Thomas Gassaway) the Complt
being Indispos'd and understanding that the Said Def^t intended to Sue out
Execution on the Said Judgm^t ag^t M^r Gassaway (to prevent the Superseed-
ing thereof after the tenth of May) Sent to this Dep^t [412] to treat w^th the
Defend^t about the Said Judgm^t and their Acc^ts in Generall And that this De-
ponant haveing Instructions from the Complainant to that purpose told the
Defendant that he the Complt must preferr a bill in Chan^ry ag^t the Defend^t
in Order to oblige him to Settle Acc^ts unlesse the Def^t would agree to referr
their Disputes to Some Indifferent Men, and that he would in that bill pray
relief ag^t that Judgment of M^r Beards, that the Defendant thereupon Sayd
he always was ready So to doe and that persons were jilrearly agreed upon by
the Complainant and Defend^t Namely Col^o Holland and Col^o Young that
this Deponant to the best of his remembrance Return'd to the Complt and
Acquainted him of what the Defend^t Said that the Complt thereupon Said
that he thought it Very hard that the Def^t Should have the Nomanation of