Chancery Court Proceedings, 1671.   399





    John Halfhead Complt The partyes plt and Defendt having Re- Liber P C
        agt plyed, and the cause being appointed for p. 21
    Joseph Edloe defendt J hearing this Court, and the Defendt being
    served with a Subpoena to heare Judgement, does appeare and the
    Complts Attorney likewise, the cause thereupon coming to hearing
    this day before his Excellency Charles Calvert Esq Capt Genrall
    of this Province and Chief Judge in Equity, The honoble Philip
    Calvert Esq Chancelor of this Province, and the Rest of their Asso
    ciates Justices of this Court and upon hearing and Debating there
    upon, and upon Reading the Complts bill and the Defendts answere
    thereunto, with the Depositions and proofes taken in, this Cause
    being all by this Court Seriously viewed and Considered, and hear
    ing of what could be alleged on Either side, This Court was all
    Clearly satisfyed That the Depositions taken in this Cause for the
    Complainant be entred upon Record, and so preserved for the future,
    that they may be good Evidence for the Complt touching the Land
    in the bill and answere mentioned, in case the witnesses Should dy
    before the same Come in Dispute and that the bill be dismissed out
    of this Court as to any Judgemt to be had thereupon, and that the
    plt Halfhead pay the Defendt Costs, since the intention of the filing
    of that bill was only to prserve his Evidence, and there being no
    Court as to any Judgemt of this Court to he had touching the same
    It is therefore ordered and Decreed by this Court that the Depositions
    taken in this Cause of the Comp.lt be Entered upon Record, in the
    Records of this Court, and that the bill be Dismissed out of this
    Court as to any Judgemt of this Court to be had touching the same.
    And this Court doe further order adjudge ordaine and Decree that
    the Complt John Halfhead pay to the Defendt Joseph Edloe the sume
    of Two Thowsand pounds of Tobacco for his Costs accordingly.

      Interrogatoryes Exhibited by John Halfhead for the Examination
    of witnesses in a Cause depending in Chancery betweene the said
    John Halfhead Complt, and Joseph Edloe Defend.t
      Imprmis Doe you know the plt and L)etend.t
      Secondly Did you know Barnaby Edloe in his life time, and how
    long is it since he Deceased, and of what age he was at the time
    of his Decease.
      Thirdly Whether or no was the said Barnaby the eldest sonne of
    his father Joseph Edloe, declare the truth according to the best of
    your knowledge.
      Fourthly Whether or no did Joseph Edloe the father of Barnaby
    Edloe dy. intestate declare the truth to the best of your Knowledge.