Provincial Court Proceedings, 1674.     339

      same and to the other two actions comenced against him by Walter Liber M M
      Tucker & Compa & Samuel Tucker and Richard Hallett he did not
      deny but that he was receiver of the Severa!l goods merchandizes
      tobaccoes bills accompts & writeings in the Said declarations men
      tioned & that he was ready to accompt for the Same And the At
      torny of the Said Walter Tucker & Compa being willing to admitt
      & allow of the Said Wm Dunkertons plea as to that part of the 31 £
      19s 6d for the price of the invoyce of the Said goods mentioned and
      not mentioned in the packing booke nor received by the Said William
      Dunkerton as he pretended Save Only One peice of Kersey Valued at
      about 4 £ 10s which is mentioned in the said packing booke to be
      received by the Said Wm Dunkerton and yet by him pretended not
      to be received which the Said Comptts Attorny would not allow of
      unlesse the said Wm Dunkerton could make it appeare before the
      Auditors hereafter named by Sufficient proofe to be allowed off by
      the Said Auditors that he never received the same being part of the
      said 31 £ 19s 6d It is by this Court Ordered in the prsence and by
      the consent of the parties of both Sides by their Attornyes That
      Nathaniel Vty Esq and John Gilbert merchant be and are hereby
      appointed Auditors to audite State & examine the Severall accompts p. 254
      betweene the Said Severall Complts and the defendant Dunkerton
      and which to the Complts the Said Dunkerton to render ought and
      that the Said Auditors doe meet at Such day and p!ace in the Said
      County of Baltemore or Caecil County as they Shall thinke meete off
      which first day of meeting convenient notice is by the Said Auditors
      under their hands to be given unto Mr Thomas Howell &M' John
      Vanheck Attornyes of the Said Complts who are before the Said
      Vtye to prove their letter of Attorny from Smith and also to the
      deft Wm Dunkerton that they may be then and there present with
      their evidence & witnesses (if any they have) the better to c!eare
      the accompt in question, at which Said day and place the Said parties
      before named upon notice given as aforesaid are to attend the Said
      Auditors and So doe attend from day to day untill the Said accompt
      Shalbe fully Stated by the Said Auditors. And the Said Auditors
      for their better proceedings herein are to be armed with a Cothission
      to examine wittnesses & to administer Oathes to any wittnesses yt
      shall be produced before them on either part and when the Said
      auditors haue fully audited & stated the Said accompt betweene the
      Said parties they are hereby Ordered to returne their full and whole
      proceedings herein to Our justices of Our Provinciall Court in write
      ing closed up under their hands and Seales without delay.
      October 28th 1674.
        Comisss then issued to Nathaniel Vty Esq and John Gilbert to
      audite State & examine the accompts of the parties abovesaid in pur
      suance of the abovesaid Order.
      Maryland ss.