MARYLAND COURT OF APPEALS 339

[519] And the said James Frisby by Thomas Bordley his Atfny Comes and
defends the force and Injury when etc: and prays leave to Imparle hereunto
untill next Court and he hath it and the same day is given to the Plf¹ alsoe.

At which said next Court to witt the 15^th day of July Anno Domi 1718
Comes again the said parties ptf¹ and Def^t by their Atto^rnys af^d and the said
Def^t by his said Att^rny prays further leave to Imparle hereunto untill next
Court and he hath it and the same Day is given to the pP alsoe.

At which said next Court to witt the i6^th Day of September Anno Domi
1718 Comes againe as well the said John Snow by his Attorney afs^d as the said
James Frisby by his Attorney af^d and the said James Frisby by his said
Attorney as before defends the force and Injury when etc: and Sayth that
the said John Snow his Action afs^d against him to have Ought not because
protesting that the said Sixteen hundred one quarter and ten pounds of Ele-
phants teeth where of the Value of One hundred and forty pounds Sterling
in Great Brittain and no more, for plea he sayth that he allways hath been
and yet is ready to Render his Account of the Elephants Teeth above re-
quired (to witt) at Annarundell County in the province of Maryland and
prays he may be Admitted to make his Account thereof etc:

Whereupon all and Singular the Premisses being by the Court here seen,
heard and fully understood and mature Deliberation being thereupon had.

It is therefore Considered by the Justices here the i6^th day of September
Anno Domi 1718 af^d that the said James Frisby render unto the said John
Snow a reasonable Account of the time he was Bailiffe of the same John
and receiver of the [520] Goods of the same John at Gambia that is to say
at Annarund^ll County in the province of Maryland etc: And be in Mercy be-
cause he has not before Accounted, And thereupon the Court here (with
the Consent of the Parties af^d by their Attorneys af^d Appoint Mess^rs Samuel
Peale and William Nicholson Gentt to be auditors to hear Examine Settle
State and Audite the Acc^ts in Controversy depending betwixt the said parties
at some Certaine time and place by them the said Auditors to be Nominated
and Appointed causeing the said parties to have timely notice thereof within
Convenient Time before his L^dships next Provinciall Court to be held at
Annapolis the Second tuesday of April then Next and that they should send
then and there his L^aships said Precept with their report upon the Auditeing
the same Accounts under their hands and Seales that his L^aships said Justices
being rightly inform'd in the premisses might further proceed therein as to
Justice appertaines and that thereof they shou'd not faile etc: And thereupon
day is given to the said Parties Plf¹ and Def^t in the plea afs^d untill Next Court.

At which said Second tuesday of April and next Court af^a to witt the 14^th
day of the same month Anno Domi 1719 Comes again as Well the said John
Snow by his Attorney af^d as the said James Frisby by his Att^rny af^d And there-
upon Mess^rs Samⁿ Peale and William Nicholson Gentt: the Auditers ap-
pointed as af^doresaid [sic] persuant to the tenor of the Commission afsaid to