MARYLAND COURT OF APPEALS 607

Prays further leave to imparle hereunto untill next Court and he hath it And
the same Day is given to the Plantiff Also. At Which said Next Court to
Witt the 2i^st Day of May Anno Dom: 1728 Comes Again as well the said
Thomas Brooke by his attorney afores^d As the Said Michael Macnemara by his
attorneys Afores^t And the said Michael Macnemara by his said Attorneys
as before Defends the force and Injury When etc: And Prayeth a hearing of
the Writing Obligatory Afores" And he hath it etc: He Prayeth [804] Also
a hearing of the Condition of the same Writing Obligatory And it is read
unto him in these Words following To Witt Whereas the above Bound
Maurice Birchfield Esq^r being Appointed Agent and Attorney In fact by the
Honourable the Commissioners of his Majesties Customs of the Port of Lon-
don for the recovery of a Debt of five thousand Pounds and Upwards Due
from Arden Charleton late of London Merchant to the Crown And Whereas
the said Maurice Birchfield for the Better Recovery thereof Did Substitute
the Above Bound Thomas Macnemara And Whereas the Above Named
Thomas Brooke Appearing to be Indebted to the Said Arden Carleton by the
Said Carleton's Books in Eight hundred Pounds And Upwards Did Satisfie
and Pay unto the said Thomas Macnemara for the Use of the Crown the Sum
of two Hundred forty Eight Pounds Seventeen shillings and Six Pence Ster-
ling in Part of the Said Debt. Now the Condition of the Above obligation is
Such that if the Above bound Maurice Birchfield and Thomas Macnemara
Or Either of them their or Either of their Heirs Executors or Administrators
do and shall from time to time And at all times hereafter well and truely
Save Indemnifie and keep harmless the said Thomas Brooke his Heirs Ex-
ecutors and Administrators from all and Against all persons Whatsoever
Claiming a Right to the Sum of two Hundred forty Eight Pounds Seventeen
shillings and Six pence Sterling So As Aforesaid Paid the Said Thomas Mac-
nemara then the Above Obligation to be Void Else to remain in full force
and Virtue. Which being Read and heard the said Michael Macnemara
Sayth that the Aforesaid his Action Afores^d against him to have Ought not
Because he sayth that the Same Thomas Brooke the twelfth Day of June
Anno Dom: Seventeen Hund" And Eighteen at Ann Arundell County afores'¹
Was Indebted unto the aforesaid Arden Carleton in the aforesaid Sum of
Eight Hundred Pounds And that the same Arden the same Day and Year
at the Place afores^t Was Indebted Unto Our Lord the King that now is In the
Sum of five thousand Pounds Upon a Certain Account Between the said
Commissioners of his Said Majesties Customs and the Said Arden for and on
behalf of his Said Majestic before that time therefore had and Made And
that the said Arden Afterwards then and there in Consideration thereof Duly
Assigned Unto the same Lord the King the Said Eight Hundred pounds
Whereof the same Thomas Brooke then and there had Notice And the same
Michael Macnemara further sayth that the Aforesaid Maurice Birchfield the
Same Day Year and Place aforesaid was Lawfully Constituted And Author-