340 MARYLAND COURT OF APPEALS

them Directed make their Report thereon to the Court herein the Words
following (Viz^t)

[521] 1709 D^r Account of Elephants Teeth Consigned
by John Snow to James Frisby .........

October ii^th To 16:1:10 Elephant teeth shiped by Order of M^r
John Snow on board a Man of Warr then in Virginia being the
South Sea Castle whereof Cap^t John Roberts was then Command^r
and which were shipt on the proper Account and risque of the said
John Snow and by the said John Snows request were directed to be
deliver'd to M^r Henry Silvester her then Maj^tys Anchor Smith at
Portsmouth and which the said James Frisby hath heard and verily
believes were deliver'd by the said Cap^t Roberts to Cap^t Peregrine
Brown then Merchant in London the said Henry Silvester being
dead as the said James has Likewise heard and believes before the
arrivall of the said ship at Portsmouth ...................... 16: i: 10

October the n^th 1718

C^r

1709 July 20^th By Elephants teeth shipt on board the Young Marg*
Consign'd to James Frisby in Maryland to be by him shipt on board
any Man of War that was bound to England to be Consigned to
Henry Silvester her then Maj^tys Anchor Smith at Portsmouth on
the Proper Acc^t and risque of the said John Snow .............. 16:1:10

Octob^r 11: 1718

Errors and Omissions Excepted per Jam Frisby

Then Came James Frisby before me Samuel Young one of his L^dships
Provinciall Justices of the Peace and made Oath on the Holy Evangilists that
the above Account as it their stands Stated is Just and true And that he never
Reced any Part or Parcell thereof more than he hath above given Creditt for.

Jurat Coram me

Samuel Young
May it please your Hon"

In Obedience to a Commission Issued out of the Provinciall Court of
the Province of [522] Maryland dated the 25^th day of September Anno
Domi: 1718 Directed to us the Subscribers Appointing us Auditors to hear
Examine Settle State and Audite the Accounts in Controversey betwixt the
said John Snow and the said James Frisby Wee do hereby Certifie that upon
calling the paties afs^d by their Attorneys before us and upon hearing and
maturely deliberating all matters say'd by Each Party before us We find
that the Elephants teeth were delivered to Frisby to be brought to Maryland
as per bill of Loading which was done and shipt on board a Man of Warr
with order to be deliver'd to M^r Henry Silvester According to M^r Snows re-
quest as appears by Copy of the Cap^ts receipt That Cap^t Frisbys Illness might
Occasion the persons Acting under him Not to be so Exact as to mind the