508 MARYLAND COURT OF APPEALS

hopes to oppress this defendant and prostitute his right to the boasted Inter-
est of the Complainant and his Agents in the greatness of his friends; This
Defendant haveing no greater friend than Justice. And this Defendant
further Saith that he never Understood that any Writt of Error or Appeale
in Nature thereof was insisted on as a Discharge of an Execution Served and

Satisfycd in any Civill Case whatever before now that the Complainant in

his bill Seems to insist thereon in a manner as this Defendant Verily believes
Till now unheard of Nor that ever the reserving a Judgment was a reversall
of a bill of Exchange past and paid away in Satisfaction of Such Judgment
but That in Case of Reversalls the Remedy in Course is a Writt of Restitu-
tion Ag^t the party but this Defendant never Understood that the Effect of
Such Writt was to follow the Sumes recovered into Whatsoever hands the
recoverer had paid or Disperst them this Defendant always Conceiving that
Whoever recovered money by a Judgment had a good right to use it and
that the Baker he paid it to for his bread or the Jaylor for his Liberty
Could never either in Law reason or any mans Sense (but the Complainants
own) be oblidged to restore it And as to Such part of the Complainants bill
as Charges this Defendant with haveing a Note or Notes or other obligations
from the Complainant or his factors to him this Defendant and to all the
Residue of the Bill af^d that is unanswered and any ways Materiall to be
answered unto this Defendant Answereth and Saith that Some time in March
1722/3 the Said Gilbert Powlson Intending as this Defendant believes to
get to his home in England So Soon as he Could appointed this Defendant
by his power of Attorney dated the 9^th Day of the Same Month to be his
Attorney or Agent for recovering any Sumes due to him the S^d Gilbert as by
the Same Power duly proved ready to be produced may more at Large appear
Which power this Defendant the more readily Accepted of knowing that by
the Laws and Practice of this province this Defendant was Chargeable as
attorney at Law for all Fees that Should arise due from the S^d Powlson in any
Cause wherein this Defendant was Concerned for him while the Said Poul-
son was under the Circumstance of a Non Resident that therefore the better
to enable himself to recover those Fees he was by his office of an Attorney at
Law Oblidged to pay he Accepted thereof and also of another Instrument or
Power of Attorney dated the 14^th day of June 1723 ready to be produced as
af^d whereby he required this Defendant to pay his Debts and also to pay out
of his Effects Such Legall fees as Should become due for defending him Ag^e
Forwards Appeale in the High Court of Appeals as by the Same [702] Refer-
ence being thereto had may more at Large appear That this Defendant on
the Second Day of July 1724 Settled an Account w⁰¹ one John Moale who
pretended to be the Complainants Agent of all the Costs and other Claims
that This Defendant as Attorney of the Said Powlson had Against the Com-
plainant and reced the Ballance from the S^d Moale and delivered up all the
Notes or Other Papers as he then had Whereby he Claimed any thing Ag^t