386 MARYLAND COURT OF APPEALS

without fraud or delay According to the form force and Effect of the Condi-
tion af^d (To Witt) at Annarundell County aforesaid And this he is ready
to Verifye Wherefore he prays Judgment if the aforesaid John Gresham his
Action aforesaid against him Ought to have

And the Said John Gresham Saith that he by any thing prealledged from
having and Mantaining his Action af^d Against the Said Thomas Ought not to
be barred because protesting that the Said Thomas hath not upon the reason-
able request of the Said John Assigned and Set Over unto him the Said John
by proper Instruments in Writing under the hand of the Said Thomas all or
a great part of Such Publick or County Allowances as were usually Allowed
to the Sheriff of the Said County for Collecting and paying the County Leveys
or any other the fees profitts or Rewards belonging or appertaining to the
Said office of Sheriff of the Said County nor all the prison fees Accounts or
ballances of Accounts that have appeared to to [sic] be due to the Said
Thomas in respect of his Said office For replication the Said John Saith that
he the Said Thomas Gassaway from the time of making the Writing afores^d
(To Witt) the Twentieth Day of October Anno Dom Seventeen Hundred
and Eleven Untill the Twenty Ninth Day of October Anno Dom Seventeen
hundred and fourteen Continued Sheriff of the Said County of Annarundell
To Witt at Annarundell County aforesaid and the Said John further Saith
that after the Making the [592] Writing af^d and During the Continuance of
the Said Thomas in the Said Office (To Witt) the Twelfth Day of March
Anno Dom Seventeen hundred and Twelve at Annarundell County afore-
said a Certain Richard Peele at a County Court then and there held was by
the Justices of the Same County Court Committed to the Custody of the Said
Thomas Gassaway then Sheriff of the Said County and by him the Said
Thomas by Vertue of his office into his Custody then and there received
Where the Said Richard Poole [sic] remained for the Space of Two Hundred
and fifty Days and that the Fees for the Committment and Imprisoment of
him the Said Richard Which became Due to the Said Thomas by Vertue of his
Said office Amounted to five Thousand and Sixty Pounds of Tobacco Which
the Said Thomas from the Said Richard had and Received And to his the
Said Thomas his Own use Did Convert and Dispose (To Witt) at Annarun-
dell County af^d And the Said John further Saith that after the Making the
Writeing aforesaid And Dureing the Continuance of the Said Thomas in the
office of Sheriff of Annarundell County aforesaid (To Witt the Eleventh Day
of March Anno Dom Seventeen Hundred and Thirteen at Annarundell
County aforesaid a Certain Richard Dixon at a County Court then and there
held was Committed to the Custody of the Said Thomas then Sheriff of the
Said County And by the Same Thomas then and there by Vertue of his
Office af^d into his Custody received Where the Said Richard remained for the
Space of Ninety days at Annarundell County aforesaid And that the fees
that became due to the Said Thomas in respect of his Said office for the Com-