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ggo MARYLAND COURT OF APPEALS
Governour Council Judges and all other officers within the Said County upon
Whom the Said Thomas Gassaway in respect of the Said office of Sheriff
Ought by the Laws of Great brittain and this province to Attend And fur-
thermore the Said John Gresham Shall give and render a true perfect and
Just Account of all Such publick Tobacco and Officers Lists put into his
hands to receive and Collect by means of the Said office to be answerable for
the Same in Such Manner as by the Acts of Assembly of this Province direct-
ing Sherriffs in their office is required And it is further granted and Agreed
upon the Said parties to these presents that every the Bayliffs of hundreds
and other officers Shall be appointed and put in their office by the Said John
Gresham And if any the Said officers Shall misdemean himself it Shall be
Lawfull to and for the Said John Gresham at his discretion to place others in
their Rooms. In Wittness Whereof we the parties first abovenamed have
interchangeably Set our hands and Seals the Day and year above written pro-
testing Likewise that the Said Thomas Gassaway afterwards To Witt the
Twenty fifth day of February Anno Domini Seventeen hundred and fourteen
at the Like request he did deliver unto the Said John Gresham one other
Instrument under the hand of him the Said Thomas Gassaway Directed to
a Certain Thomas Reynolds of Annarundell County the Tenour Whereof
follows in these words and figures following Vizt
Sir February the 25th 1714
These are to impower you to give Creditt and Make payment unto Mr
John Gresham or order the Severall Sums which you have or Shall Collect
for the Severall persons of Annarundell for my use and in my name as Due
to me as Sheriff of Annarundell for the years 1711, 1712, and 1713, And your
Accounting with him Shall be a Sufficient Discharge Against yours etc. — Pro-
testing Likewise that the Said John Gresham never made any other request
to him the Said Thomas Gassaway to Assign or Set over all or any the prem-
isses in the Condition of the Writeing Obligatory aforesaid and in the Rep-
lication of the Said John above mentioned Protesting Likewise that the Said
Thomas hath never Converted the Said Twenty four Thousand and Twenty
Pounds of Tobacco in the Said John his Replication above mentioned or
any part thereof to the use of him the Said Thomas Gassaway as the Same
John hath above by replying most falsely Alledged Saith that the plea afore-
said of the aforesaid John Gresham above by replying pleaded and the matter
therein Contained are not Sufficient in Law for him the Said John to have
and mantain his Action aforesaid Against him the Said Thomas Gassaway to
which he hath no need nor by the Law of the Land is bound to answer and
this he is ready to Verifye Wherefore for want Sufficient Replication of the
Said John in this behalf he the Same Thomas Gassaway prays Judgment and
that the Said John from haveing his Action aforesaid against him may be
barred etc. and for causes of Demurrr Saith that that [sic] the Replication is
no answer to the Defendants plea nor assigns any breach the performance be
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