428 MARYLAND COURT OF APPEALS

their Attorneys af^d and the Said DeP by her Said Attorney prays further
Leave to Imparle here unto Untill Next Court and She hath it and the Same
Day is given to the plf^t also. At Which Said next Court To Witt the 4^th day
of Aprill Anno Dom 1721 Come again the Said parties plf^t and DeP by their
Attorneys aforesaid and the Said Defen* by her Said Attorney prays further
Leave to Imparle hereunto Untill Next Court and she hath it and the Same
day is given to the plP also. Att which Said Next Court to Witt the io^th day
of October Anno Dom 1721 Come Again the Said parties plf^t and Defendant
by their Attorneys afore Said and the Said Defendant by her Said Attorney
prays further Leave to Imparle hereunto Untill Next Court and she hath it
and the Same Day is given to the plf^t also. Att Which Said Next Court to
Witt the io^th day of Aprill Anno Dom 1722 Comes again as well the Said
Mary Hemsley Ex^rx as af^a by her Attorney af^d as the Said Dorothy Smith
Ex" as af^d by her Attorney af^d and the Said Dorothy Smith Ex^rx as af^d by her
Said Attorney Saith That the Said Mary her Action aforesaid Against her
to have or Mantain Ought not because She Saith that the Said W^m Parker
always Did Well and truely Execute the Said office of Deputy Comissary and
make due return of all and Singular his proceedings therein to the office
for probat of Wills etc. According to Law (to witt) at Calvert County af^d and
that the Said John Contee Since the makeing the Writeing aforesaid hath
been in no Manner Damnifyed by reason of any Act or thing done or Com-
mitted by the Said W^m as Deputy Comissary aforesaid and this She is ready
to Verifye and therefore prays Judgment of the Said Mary her Action her
Action [sic] aforesaid ag^t her to have or mantain Ought etc.

And the Said Mary Saith that by any thing prealledged from having her
Action aforesaid She Ought not to be Barred because protesting that the
Said William Parker hath not in any wise well and truly Executed the office
of Deputy Commissary af^d nor made due returns of his proceedings to the
office aforesaid protesting also that the Said John Contee deced hath been
Damnifyed by reason of the Said William his failure in the Execution of
his Duty in the office af^d for plea She Saith That the Said William Parker
by and According to the Duty of his office of Deputy Com^ry of Calvert County
af^d from the Day of the date of the obligation af^d dureing his Continuance
in the Said office Viz^t untill the first day of August in the year Seventeen hun-
dred and Seven af^a Ought to have taken able and Sufficient Security to her
then Majesty Queen Anne etc. and her heirs and Successors from every per-
son or persons to Whom he Should grant the Administration of any deced
persons Estate According to Law. And the Said Mary further Saith that the
Said W^m Parker on the Seventh Day of July Anno Dom Seventeen hundred
and Seven at Calvert County by Vertue of his office of Deputy Com^ry af^d did
Grant unto a Certain Diana Ford the administration of the Estate John
Ford who before that Time dyed intestate within the County of Calvert af^d
which Estate of the af^d John Ford at the Time of the [630] granting the