MARYLAND COURT OF APPEALS 271

per hundred but whether Sterling or Currency he Cant remember and being
askt what he loakt upon to be the height of Tob^o time that year Saith about
May or June And being further askt if he remembers that M^r Brice refus'd
to Accept of any Tob^o that the Complts offer'd him on Acc^t of Said Note
Saith no And this Dep^t further Saith that he attended Said Brice in his Store
and reed Tob^o for him that year And this Dep^t being Askt by the Compl'
whether lic remembers if M* Brice did not Decline receiving Tob^o at Such
time as the [415] Coleman Friggott did not take in all the Tob^o Saith that he
Cannott Charge his Memory therew^th, And further Saith that the Said Ship
Coleman Friggott did not take in all the Tob^o purchased by Said Brice to-
wards her Loading that year And that he beleives the Said Ship Sailed that
year about July and being askt by the Complt whether he was as asidious in
receiving tob^o purchased by Bills of Exch^a for that Laid out in the Store
Saith he Cannott remember whether he was or no. And being Askt by the
Def^t whether he knew of any other Tob^o bought by M^r Brice that year —
Saith he remembers M^r Brice bought ab^l 19000*" Tob^o of Capt Rich^d Jones
and Samll Chambers ab^l the Same time towards Loading S^d Ship for w^cn he
gave them io⁸ Ster and Nine pence Curr^t money per hundred And further
Saith not.

M^r Samuel Chambers being Sworne (on the part of the Def^t) To true
answer make to all Such Questions as Should be askt him by Complt or De-
fendant and being askt what he remembers of M^r Brice's Purchaseing of
Tob^o of Cap^t Richard Jones and him this Dep. and the Discourse that Hap-
pened between them Saith that he remembers Said Brice purchased of him
this Dep^t and Cap^t Jones about igooo¹ tobacco w^ch they had purchased of
M^r Wooton rector of S^t Ann's Parish and the Dep^t beleives Said Sume was
due to S^d Wooton for the 40 per pooll as Minister of Said parish for w^ch he
paid them io^s Sterling and Nine pence Curr^t Money per hundred and after
the purchase thereof in the Same day Said Brice S^d that he was oblig'd to
purchase of them because having Tob^o in the Sheriffs hands he Could not
get his paid in Said Parish untill the Tob^o Sold by Said Dep^t and Cap^t Jones
was reed And that he beleives the Said Brices reason for purchaseing Said
Tob^o was because it was Convenient for him in Said Parish And the Dep⁴
further Saith that in the fall following after the purchase of Said Tob^o M^r
Brice Said he was very Sorry he purchased Said tob^o of them for that he was
looser One hundred pounds on Acc^t Said Bargain. And this Dep^t further
Saith that about Feb^ry or March 1709 Cap^t Jones Told this Dep^t he had been
at the Compl^ts and the Said Compl^t had promis'd him if they bought the
Tob^o of Wooton he wou'd pay it Convenient in the parish but Says he never
had any order [416] from the Compl^t for the payment thereof, and further
Said that the Compl^t told him that he the Said Compl^t had ordered Thomas
Reynolds his undersherr to gett the Said Tob^o ready for their Receiving w^ch
time he beleives to be before the Arrivall of the Coleman Friggott.