MARYLAND COURT OF APPEALS 223
this Replyant further Sayth and averreth That the Said answer of the said
Defendant unto the sd Bill of Complt is Very uncertain untrue and insuffi-
cient in the law to be replyed unto by him this replyant Nevertheless all ad-
vantages and benefite of exceptions to the uncertainties and insufficcences of
the sd defts Said answer to this replyant now and at all times here after served
and reserved for replication to the sd defendants Said Answer this Replyant
in and by this his Replication Sayth and Sheweth in every matter and thing
as before in and by his said bill of Compll he hath Sayd and Shewed And
that he doth and will thereby Justifye maintain and prove his Said Bill of
Complaint and all and every the matters and allegations therein Comprized to
be true and Certain [349] in Such Sort manner and form as the Same are
therein by him this Replyant Set forth and expressed with out that that any
other matter or thing whatsoever in the said defendants Sd answer Contained
material or Effectual in the law for this replyant to reply unto and not
therein and thereby Sufficiently replyed unto Confessed or avoided or other-
wise replyed unto is true All which matters and things this replyant is ready
to averr justifye maintain and prove As this Honrble Court shall award and
direct And thereupon he is Replyant in and by this his Replication humbly
prays as before in and by his said Bill of Complaint he hath already formerly
prayed
Th Bordley
Thomas Wells v Charles Carroll
Como to examine evidences
MARYLAND ss Charles absolute Lord and Propry of the Provinces of
Maryland and Avalon Lord Baron of Baltemore etc. To Thos Claget Dr
Patrick Hepburne James Stoddart and James Ha[d]dock Gent Greeting
Know ye that we have appointed you or any two or three of you to be our
Commissioners to examine evidences in a Certain cause depending in our
Court of Chancery between Thos Wells Comp" and Charles Carroll Esqr de-
fendant We therefore require you or any two or three of you that at Such
time and place as to you or any two or three of you Shall Seem convenient
you cause to Come before you or any two or three of you all Such evidences
as shall be to you or any two or three of you named by either the Complt or
defendant and that you examine them on their Corporall oaths to be by you
administred on the Holy Evangelist in presence of the said Complainant and
defend' (if they having timely notice thereof shall think fitt to be present)
touching their knowledge of any thing that may relate to the cause aforesaid
and that reducing into Writing their Severall Depositions you Send the
Same together with this our Commission under your or any two or three of
your hands and Seals with all Convenient Seed [sic] to us in our High Court
of Chancery Wittnesses our trusty and well beloved John Hart Esqr [350]
Capt Generall and Governour in Chief of our Province of Maryland etc. at
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