MARYLAND COURT OF APPEALS 269

those persons that Should Deside the Difference but Said if the Defendant
wou'd name one man he wou'd Joyne Cot^o Tilghman (as being Skillfull in
Sheriffs Acc^ts) to him that thereupon the Dep^t waited on the Defend^t and
Intreated him to Agree to a referrence of the Dispute between him and the
Complainant to Col^o Holland (as near as he can Remember) and to Col^o
Tilghman, that the Def^t Seemd to be apprehensive that Col^o Tilghman had
been talk'd to by the Complt in Relation to the Difference and that he
thought him to be too Great a favourer of the Complainants but at last prom-
ised at the next Assembly then Comeing on to Submit all disputes between
him and the Complt to Cot^o Holland (or Col^o Young) and Cot^o Tilghman,
if in the mean time the Said Complainant would Execute a bond the Def^t
had devised for the Paym^t of the Debt and Cost recovered by M^r Beard
against M^r Gassaway in Spice or in Money at Some price w^ch he does not
know or remembe[r] That thereupon the Said Complainant Executed the
Said Bond to w^ch the Dep^t is the only Subscribing Evidence w^ch he this Dep^t
on the Day of the Date hereof or there abouts Delivered to the Said Defend^t,
that Some time that Same Summer to the best of this Dep^ts Memory the
Complt an[d] Defendant met at this Dep^tB house, where they talkt of their
Disputes and referring the Same, and that the Defend^t Utterly Refus'd the
referrence thereof to Col^o Holland (or Cot^o Young) and Cot^o Tilghman
w^thout the Complts paying Down the Costs Expended on Sueing the Sheriffs
bond w^ch the Complt Refused to Comply with Saying it was Very hard he
Should pay Cost if he was not in wrong. And the Said Depon^t further Saith
on behalf of the Defendant that the Defendant to the best of his remem-
brance at this Dep^ts house [413] Offer'd the Compl^t to make a finall End of
their Disputes, provided the Said Compl^t would give him this Defendant ten
Shill Sterling by bills of Exch^a for the batt^a that he the Said Compl^t allow'd
to be the ball^a but the Compl^t then Said that he had Tob^o Enough to Sat-
isfye all his Debts and that he would not draw his bills for so great a Sume
And further this Deponant Saith that the Defend^t on the Day of rendering
this Dep^t did Shew him this Dep^t the bond afd w^ch bares date to the best of
his Memory May the 5^th 1715 but that this Dep^t has not then nor hitherto
Exam^d into the Contents of the Condition And that this Dep^t further Saith
that to the best of his knowledge and Memory he Deliver'd the Def^t on or
about the Said 5^th day of May 1715 a letter from under the Complts hand
whereof the paper now produced to him at the time of his Examination and
rendering his Dep^o to these Inter and Markt N^o 10 he beleives to be a Copy
or Very like it in Substance but referrs to the Originall which he beleives to
be in the Def^ts hands and further this Deponant declares that being Ac-
quainted w^th the Def^ts hand writeing he beleives the Letters N^o 11 and 12
dated may the 4: 1715 and May the 5^th 1715 and produced to him by the
Complt at the time of his Examination are Subscribed by the Said Defendant