
    GENERAL COURT, 7
    MAY TERM, 1794.
    Robert Amos against Thomas Johnson.
    THIS was an action of debt upon a writing obligatory, executed by Barnet Johnson, and the defendant his security, to the plaintiff, (who was then sheriff of Harford county,) on the 4th of July, 1788, and conditioned as follows, to wit: “ that if the above bound Barnet Johnson do and shall well and faithfully execute and perform the several duties required of him as deputy sheriff in Harford county aforesaid, according to law; and shall well and faithfully make return to the said Robert Amos of all such sum or sums of money or tobacco as he the said Barnet may or ought to have received for and during the sheriffship of the said Robert, or put into his hands by the said Robert, either by taxes, fines, penalties, forfeitures, judgments, amerciaments or officers’ fees, that may be put into his hands for collection; and shall well and faithfully make good and indemnify the said Amos from all final amerciaments, defaults and escapes which he the said Johnson, as deputy, shall or may be intrusted with 5 also all such precepts as may or shall come into his hands, and shall, in all things, act and do as a good and faithful deputy ought to do, then,” &c.
   The cause was referred by consent, and the arbitrators returned their award as follows, to wit: “ This action having been referred to us by a rule of the general court, at October term, 1792, we have heard and considered the proofs and allegations of both parties, and being of opinion that the condition of the bond on which the action is brought extends only to the duty of a ¡deputy sheriff, and not to the collection of public assessments with which the plaintiff might have been intrusted by the state ; and also that as deputy sheriff, and exclusive of such public assessments, the defendant has fully paid up and settled all that could be rightfully demanded of, or was due from him to the plaintiff, we do award and determine in favour of the defendant, that the plaintiff is not entitled to recover any thing in this action, and that judgment of nonsuit be entered against him. As witness our hands and seals, this 19th of October, 1793,” &c.

The plaintiff caveated the award, and assigned for reason, “ that the arbitrators were mistaken in point of law, inasmuch as the condition of the said bond does include the public taxes of the state and county of Harford.”

The caveat and reason was overruled by the court, and judgment entered upon the award for the defendant;

The plaintiff appealed to the court of appeals, and the judgment was affirmed in that court at June term, 1796.  