MARYLAND COURT OF APPEALS 503

ready to be produced) the Said Cause on the bill af^d being heard it Was De-
creed that the Injunction formerly granted in the Cause Should be Disolved
and the Bill be Dismist With Costs upon W^ch there Was an Appeale prayed
and granted to the High Court of Appeals in Chancery Which Appeale was
Dismist at the Appellants Councells request and no farther proceedings
therein on behalf of the Complainant that ever this Defendant heard of.
And this Defendant further Saith That he believes it to be true that by
means of the Complainant or the procurement of his Agents in this province
the S" Powlson Was a long Time detained in prison for Want of the Money
he had recovered of the Complainant which he was keept out of by the many
Delays of the Complainant and his Agents for want of the moneys Creditt or
friends So that he became Grievously Sick with the dry Gripes and other
Distempers whilst in the Jayl and that (as this Defendant believes) doubting
he might Perish there for Want of relief before he could obtain his due from
the Said Complainant about Febry 1721 petitioned for and obtained an Act
of the Generall Assembly for his relief as a languishing Prisoner As by the
Same Act Lodged in the Secretarys office May Appear In Complyance w^th
which Act the Said Powlson Delivered up or assigned to then Sherr Henry
Lazenby Gent. Sundry particulars Which he Assigned as his Whole Estate
for the payment of his Creditors Amongst Which particulars were the S^d
Bills for 6oo Ib and the Tobacco Note af^d Which Bills after the Disolution
of the Injunction af^d To Witt on the 12 Day of Aprill following anno 1723
this Defend^t believes and hopes to prove were delivered up by the S^d Stephen
Warman to the S^d Henry Lazenby to pay the S^d Powlsons Creditors According
to the Act af^a and for Cause of his belief Saith that he hath in his hands ready
to produce a Copy of the S^a Lazenbys receipt Attested by the Said Warman
which follows in these words Aprill 12^th 1723 Then received of Stephen War-
man Late Sherriff of Annarundell County three Bills of Exch^a of Thomas
Cockey's dated May the Second Seventeen hundred [697] Twenty one pay-
able to Gilbert Powlson and drawn on Jonathan Forward Merchant in
London for Six hundred Pounds Sterling and Likewise A Note of the S^d
Thomas Cockeys for Seven Thousand Seven hundred and Twenty four
Pounds of Tobacco payable to the Said Gilbert Powlson which Said Bills
and Note were Lodged in Stephen Warmans hands the Sherriff of Ann-
arundell County till Such Time as they had a farther hearing in Chancery but
the S^a Gilbert Powlson being Cleared by Act of Assembly upon his Surren-
dering up what he had to pay his Creditors did by Vertue of Said Act Assign
the Said Bills and Note to Henry Lazenby new Sherriff of the Said County
as part of his Effects to pay his Creditors Which above Said Note and bills I
Acknowledge I have received unto my Custody from the S^d Stephen Warman
As Wittness my hand the Day and year above. Henry Lazenby. Testes
Thomas Jobson. That afterw^ds To Witt on or about the fourteenth of
June 1723 Sundry the Justices of Annarundell County Summoned by the