Chancery Court Proceedings, 1672-73.    419

   & Eighteene pounds of Tobacco. Delivered to him in bills as afforesd. Liber P C
   Being the prop Estate of mr Nethway and not any wayes belonging
   to the Complt Their being noe other Course taken for the security
   of Mr Nethways Disburm.ts for the said wynes & his Two hundred
   Eighty six milirayes with Ten p Cent as afforesaid, which was to be
   sattisfied out of The Neate Produce of the pits part of the said p.39
   wynes. And with A Generali Traverse he Concludes his Answer,
   And whereas Hertofore that is to say in the said ffebruary Court
   in the said yeare One Thowsand six hundred sixtie nyne The said
   James Neale did Exhibit his Crosse Bill into this Court against the
   said John Bailey Thereby setting forth to the same effect as in the
   said Answer as above recited and to have a Discovry of the said
   Noates and paps by him in the said Answer and in this Bill pretended
   to be Carelessly left in his Chamber and by Accident lost or Come to
   the Defendts hands. And to have the Defendt Bailey Answer. He also
   prayed the Ayd of this Court & Processe against the said Defendt
   To appear and Answer the said Bill, which being so Granted the said
   Defendt Appeared and Answered Accordingly. And by his Answer
   Denyed the whole Equity of the said Bill: To which said sevrall
   Answers of the said sevrall Defend.ts the said sevrall Complts Replied.
   And the said John Bailey by his Replication did set forth as in his
   answer to the said Neaies Bill he hath Already declared And so the
   matter being at ifuli and perfect Issue Diverse witnesses were Ex-
   amined in the said Causes and the Depositions duly published accord-
   ing to the Laudable Ruies of this Court as by the said sevrall Bills
   Answers Replications Examinacons of wittnesses and other Pro-
   ceedings thereupon had All of them Remayneing of Record in this
   Hon.ble Court Relation being thereunto had more ifully and more
   at Large the same doth and may Appear. And the said sevrali Causes
   standing at Issue Ready for a Heareing The Tenth day of December
   last was appointed for the heareing and Determyneing thereof On
   which day the partyes Complts and Defendts in both these suites
   being ready for a Tryall in both Causes And because both suites did
   Relate to one and the same Cbncerne This Court ordered both Cases
   to Come to a Tryail at one tyme, And the Complt Balleyes Bill being
   Read and Neales Answer to the same and all proofes and other paps
   touching that cause. And the Crosse Bill of Neale against Bailey
   being also Read and all paps concerneing that cause and upon Reading
   the Depossicons and proofes taken in the said causes being all by this
   Court seriously viewed and Considered and heareing what could be
   Alleadged on other sides. This Court was all Clearly sattisfied That
   John Bailey the Complt was Joint Owner of the Cargo of wynes in
   Question and that the account of sales of the said Cargo made by
   Neale and in this Court ffiled should be referred to Auditors to state
   and Examine the same And this Court did thereby Appoint m.r
   Thomas Notley and Mr Benjamyne Rozer to Audite state & Examine