634 MARYLAND COURT OF APPEALS

Holland as Sherriff of the said County before that time had and made for
Divers other Sums of Tobacco by the same Francis as Sherriff of the said
County During his Continuance afs^d in the said Sherriffs office to the Use of
the said Thomas had and received And So thereof being Indebted the Same
Francis Holland afterw^d To Witt the Same Day and Year last mentiond at
the County afs^d in Consideration thereof Upon himself Did Assume and
unto the same Thomas Bordley in his lifetime then and there faithfully
Promised that he the Afores^d Francis Holland the same Sixteen thousand
Six Hundred Eighty and three Pounds of Tobacco unto the same Thomas
Bordley well and faithfully would Pay and Content Nevertheless the afore-
said Francis Holland his promise and assumption afs^d nothing regarding But
Minding an fraudulently Intending the afs^d Thomas Bordley in his life
time And the afs^d Ariana after the Death of the same Thomas Bordley in
this Part Craftilly and Subtilly to Deceive and Defraud the afs^d Sum of
Tobacco last Mentioned or any pound thereof unto the afs^d Thomas in his
lifetime or unto the same Ariana after the Death of the said Thomas hath not
Paid or in any Sort Contented According to the tenour of the Condition afs^d
(altho' that to Do the afores^d Francis Holland after the Promise and Assump-
tion afores^d Made To Witt the Ninth Day of September Anno Dom: Seven-
teen Hundred Twenty and two And often before and afterw" And by her
the said Ariana after the Death of the Said Thomas Bordley To Witt the
Eleventh Day of December Anno Dom: Seventeen Hundred twenty and Six
at the County afs^d was required) But that unto them to Pay [833] Or any
wise to Content hath altogether refused And that unto the Same Ariana to
Pay or anywise to Content still Doth refuse Contrary to the form and Effect
of the Condition afs^d And this the same attorney Gen^ll is ready to verifie
Wherefore for the said Lord Propry he prayeth Judgm^t for the Debt afs^d
and the Damage by Occation of Detaining the same Debt unto the said Lord
Propry to be Adjudged etc: And the same Attorney Genⁿ bringeth hereinto
Court the Letters Testamentary of the Afs^d Thomas Bordley Whereby it will
fully Appear to the Court here that the said Ariana is Executrix of the Testa-
ment Afs^d of the said Thomas Bordley And that thereof she hath Administra-
tion etc: With this that the afs^d attorney Gen^ll Doth veryfie that the afs^d
Thomas Bordley in his Life always hath been An Inhabitant of the afores^d
Province And that the said Ariana at all times hitherto hath been and Still
is an Inhabitant of the Same Province To Witt at Baltemore County afs^d etc:
And the said John saith that true it is the said Francis Holland as Sherriff of
the said Baltemore County was on the said twenty fourth Day of December
One thousand Seven Hundred and twenty One in Baltemore County afs^a
Intrusted by the said Thomas Bordley with the Collection of and Accounting
for Nineteen thousand Nine Hund^d and ninety Six pounds of Tobacco Due
to the said Thomas Bordley by virtue of his Office of Comissary Gen^ll afores^d
from Sundry Persons Living in Baltemore County afores^d And Also that