
    GENERAL COURT,
    OCTOBER TERM, 1794.
    John Beall against Rebecca Beck, Administratrix of James Beck.
    THIS was an action of debt on a writing obligatory, dated the 1st of August, 1783, executed by Zachariah Owens and James Beck, the defendant’s intestate, conditioned for the faithful performance of the said Owens of the office of deputy sheriff and collector, to the plaintiff, who was sheriff and collector of the taxes for the county of Prince George. The defendant pleaded per-1 formance. The replication assigned for breach the non-collection of sums of money for state and county taxes, for officers’and lawyers’ fees, for fines and amerciaments, which sums had been intrusted to the said Owens for Collection.
    By the bill of exceptions taken at the trial of the cause, it appears the plaintiff offered to prove by evidence, that a suit was heretofore commenced in this court by the plaintiff, against Zachariah Owens, the principal, mentioned in the bond in this cause, which was by consent of the said parties referred to arbitrators, who made an award, and returned the same to this court, upon which judgment was afterwards entered for the said Beall, against the said Zachariah Owens, for the sum of 5,000/. current money, debt and costs, to be released on the payment of 313/. 18s. 6d. 1-2 current money. To this evidence the defendant objected as improper to go to the jury.
    
      Cooke, for the appellant.
    
      Key, for the appellee.
   The Court

(S. Chase, Ch. J. and J. T. Chase, J.)

being divided in opinion, the evidence was not permitted to be given. Whereupon the plaintiff, by his counsel, prayed leave to except according to the form of the act of assembly in such case made and provided.

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