MARYLAND COURT OF APPEALS 273

answered that he wou'd willingly Accomodite S^a Matter and S^a Since he the
Said Compl^t had Offered 5o£ he would abate 5o£ of his demand, it being
!5^o£ ^w<!h the Said Compl^t refus'd And the Said Dep^t further Saith that he
beleives the Letters Markt N^o 4 are true Copys of the Originall thereof. And
further Saith not

Charles Carroll Esqr being Sworne at the req^t of the Def^t) Saith that
at the time M^r Saml Chambers was on his Examination being askt the Ques-
tion w^l the Compl^t owned upon the Said Examination Saith that According
to his Consception the Compl^t did owne that at the time [418] Mentioned
in the Said Dep^o he told him M^r Brice he wou'd pay no tob^o in those parishes
before the Note drawn by M^r Wooten payable to Jones and Chambers
Should be paid and further Saith not.

M^r Benjamin Welsh being one of the people Called Quakers Solemnly
declares in the presence of Almighty God that in the year 1711 he owed for
Sheriffs dues 731"" tob^o and that the Def^t nor any other by his order to the
best of this Dep^ts knowledge ever Demanded the Same of him and that if he
or they had demanded it and at a time that his Tob^o had not been Dispos'd
of he this Dep^t would have Complyed or Given an Oblig^a for the Same.
And be askt by the Def^t whether he wou'd pay Such part as was due for the
40 per poll Saith he Should not make any Scruple to pay it w^thou[t] Execu-
tion, And does not Remember that the Compl^t or any by his Order required
him to Get any Tob^o ready for the Def^t And further Saith not

Vachel Denton being Sworne (on the part of the Def^t) Saith That to
the best of his knowledge the writ Sued out on the Sherr^s bond against the
Compl^t and his Suretie Issued Feb^ry the 4^th 1714 Returnable to Aprill Court
1715 and that the Same Continued untill Sep^t Court 1716 At w^ch Court fur-
ther time was given to the Compl^t to file his Rejoynd^r by the 25^th of NoV
following, And for Default of the Compl^ts rejoyning to the Def^ts Replication
by that time a Judgm^t was given ag^t the Compl^t for the Penalty of Said bond
as of the Said Sep^t Court, And that And that [sic] the Dep^t knows the Secre-
tarys fees on the Said Action was Charged to the Def^t, and beleives the Sherr"
fees were Charg'd to the Same Defendant.

Mem^d the Def^t produces the Acc^t N^o G as the Acc^t Shew'd by him the
Compl^t for the foundation of his Claim out of his Sheriffs bond.

M^a Alledged by the Defend^t that M^rs Price being sick [419] Could not
be heard at this time to be Exam^d Therefore its agreed by the Compl^t that
She be Exam^d at some other time.

M^d the Defend^t further alledges that Cap^t Danl Mariartee heard the
Compl^t Say at the time of the Execution of this Comⁿ that the Def^t wou'd
always have his Tob^o who Ever went w^thout theirs but the Said Daniel
Mariartees Dep" to the truth thereof Could not be taken there being no
other Commissioner present but one Save himself. M^d the Compl^t alledges
that Col^o Edward Lloyd and Col^o Young are Evidences for him in this