MARYLAND COURT OF APPEALS 259

and the practice of this Honble Court and for that the Said Replication is
not Signed by Council or other practitioner in the Honble Court the benifitt
Advantage and all rights of Extion¹ thereto always reserved to this Def^t he
further Saith in all and Every matter and thing as in his answer he hath be-
fore Said w^th out that that any other Matter or thing in the Said Replication
contained Material or effectual in the Law to be rejoyned unto by this De-
fendant and not herein and hereby well and Sufficiently rejoyned unto by
this Def^t and not herein and hereby well and Sufficiently rejoyned unto
traversed or denyed is true all w^ch Matters and things this Def^t is ready to
aver as this Hon^rble Court Shall award and therefore prayeth as he before
in his Answer hath prayed.

Tho: Bordley

MARYLAND ss Charles absolute Lord and Proprietary of the Provinces
of Maryland and Avalon Lord Baron of Baltemore etc. To Daniel Mariarte
Caleb Dorsey Samuel Young and John Beale 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 causes [sic] Depending in our Court of
Chancery Between John Gresham Gent Complt and Tho^s Bordley Defend-
ant Wee 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 Complainant or De-
fendant and that you examine them and every of them on their Corporall
oaths to be [399] by you Administred on the Holy Evangelist in presence of
the Said Complainant and Defendant (if they having Timely Notice thereof
think fitt to be present) touching their knowledge of any thing that may
relate to the cause aforesaid And that reducing in Writing their Several De-
positions you Send the Same together with this our Commission under your
or any two or three of your hands and Seales with all Convenient Speed to
us in our high Court of Chancery Wittness our Trusty and well beloved Jn^o
Hart Esq^r Cap^t Generall and Gov^r in Chief of our Province of Maryland etc.
att the City of Annapolis the 25^th day of Jan^ry in the g^d year of our Dominion
etc. Anno Dom 1717 [Locus Sigilli]

John Beard Reg^r

The Execution of the within Comⁿ appears by the Seald Depositions
hereunto Annext, the Severall Evidences therein mentioned being Sowrne
[sic] to the Truth of their S^d Depositions In Testimony whereof we have
hereunto Set our hands and Seales this 24^th day of Feb^ry 1717

Sam^l* Young [X]
Caleb Dorsey [X]
Joh Beale [X]
i A contraction of " Exception."