Thorgeir declared that he would submit to his wisdom.  In the autumn Thorgils sent a messenger to Thorsteinn Kuggason to try and arrange a settlement.  Thorsteinn was very disinclined to accept any money in atonement for the slaying of Thorgils, although for the others he was willing to follow the advice of men of counsel.  Thorgils on receiving the report of his messenger called Thorgeir to a consultation with him and asked him what support he thought was proper.  Thorgeir said that if a sentence of banishment were passed upon him he would go.  Thorgils said that his resolve would be put to the trial.

There came a ship into the Nordra river in Borgarfjord, and Thorgils secretly took a passage in her for the two foster-brothers.  The winter now passed, and Thorgils heard that Thorsteinn and his party had assembled in great force for the All-Thing and were then in Ljarskogar.  So he put off his departure, intending that they should arrive from the North before he came up from the West.  So it came to pass.  Thorgils and Thorgeir then rode towards the South, Thorgeir killing one Boggul-Torfi on the way at Marskelda and two other men named Skuf and Bjarni at Hundadal.  Thormod sings about this affair in his Thorgeir’s drapa: 

“The hem slew the son of Mak; there was storm of swords and raven’s food.  Skuf and Bjarni he also felled; gladly he bathed his hands in blood.”

Thorgils settled for the slaying of Skuf and Bjarni there and then in the dale, and was delayed by the affair longer than he intended.  Thorgeir embarked on the ship and Thorgils went to the Thing, where he did not arrive before they were proceeding to judgment in Thorgils Maksson’s case.  Asmund Longhair then called for the defence.  Thorgils appeared before the court and offered blood-money in atonement on condition of Thorgeir not being sentenced to banishment.  He endeavoured to meet the charge by pleading that finds in the Almenningar were free to all.  The question whether this was a valid defence or not was referred to the Lawman, who at that time was Skapti.  He upheld Asmund’s view on account of their kinship together.  He declared that this was indeed the law in the case of men equal in position, but that a bondi had precedence over a vagrant.  Asmund further urged that Thorgils had offered to share the uncut portion of the whale with the foster-brothers when they arrived.  The defendants were non-suited on that point.  Then Thorsteinn and his party pressed their suit resolutely and said they would not be satisfied with any sentence short of banishment upon Thorgeir.  Thorgils saw that no choice was left to him but either to call up his men and try to carry his case with violence, the issue of which would be uncertain, or else to submit to the sentence demanded by the opposite party, and since Thorgeir was already on board his ship Thorgils had no desire to press the case further.  Thorgeir was banished, but Thormod was discharged upon payment of blood-money.