420        Chancery Court Proceedings, 1672-73.

        Liber P C  the same. Who were desired to make full Examañation into it, and
               to make Report to this Court how they found it at the then next
               Court, That so the Court being ffully Sattisfied in the businesse
               might Decree & order therein as in Conscience & equity they ought,
           p.40    And the Complt and Defendt were thereby ordered to Attend the
               said Auditors at the house of Mr Thomas Notiey on such Day as
               the said Auditors should Appoint some tyme Betweene that & the then
               next Court. In pursuance of which order the said mr Thomas Notley
               and mr Benjamyn Rozer did make their Report unto this Court under
               their hands and seales in these words ifollowing, Maryland ss. To
               his Excellency Charles Calvert Esq Cheife Judge in Equity and to
               the rest of his Hon.ble Associate Justices of the same Court. This
               submissively sheweth that by virtue of an Order of the High and
               Hon.ble Court of Chancery within this Province begunne and held
               at St Maryes the Tenth day of December last past and there Con-
               tinued till the fourteenth of the same unto mr Thomas Notley and
               Benjamin Rozer Directed under the lesser Seale of this Province
               Impowering in the said Thomas & Benjamyn to Audite Examine
               and state an account of sale of a Cargo of wynes made by James
               Neale for Acct of John Nethway and John Bailey in Joint ptnership.
               And which were by the said Bailey Comitted to the Charge of the
               said Neale for sales The account whereof is in the said Court of
               Chancery ffiled as is expressed in the said Order, and a Coppie
               thereof thereunto Annexed, In Obedience ther fore unto the said
               Order Wee the said Thomas and Benjamyn have called before us the
               said John Bailey and the said James Neale and haveing veiwed
               pused and Read the sevrall and Respective Articles both of the
               Debitor and Credditor side of the said Account in prsence of the
               said James and John And haveing taken into our Consideracons all
               the Exceptions made by the said Bailey against the said Account,
               as also all that the said Neale hath Alleadged in Justification thereof,
               and haveing likewise viewed all the paps Lrs and wryteings there-
               unto Relateing that were produced unto us by the said James & John
               on their Respective parts, And haveing maturely Deliberated upon
               the whole matter. Doe in most Humble Maner To this High and
               Hon.ble Court make this our Report To say, Wee According to
               our Consciences and the best of our Judgemts haveing Audited stated
               & Examined the afforemecond Account and the same have hereunto
               Annexed. Doe find due upon the Ballance of the same To the said
               John Nethway & Bailey from him the said James Neale the Quantity
               of Thirty Three Thowsand & fforty six pounds of Tobacco and
               Casque to Conteyne it. And in Regard it doth Appeare unto us
               that the said James Neale hath Deteyned the said Sume of Thirty
               Three Thowsand iforty & Six pounds of Tob afforemenconed from
               him the said Balley for which he ought long since to Accomted but