564 MARYLAND COURT OF APPEALS

And the S^d Cause thus Standing upon Bill and answers Untill the S^a
Eighteenth Day of February Anno Dom 1723 the Complt by Dan^l Dulany
Esq^r of Councill Exhibited his Rep^} generally to the Answer. af^d and the
Same Court the S^d Complainant by his S^d Council as the S^d Defendants by
W^m Gumming their attorney Consented to and prayed that a Commⁿ issue
to Some persons to Examine Evidences in relation to the S^d Cause.

Whereupon Commiss^rs names were Struck by the Council of Both par-
ties in the usual manner and Condition iss^d Accordingly directed to the Sev-
erall persons therein named and appointed in the words following Viz^t

MARYLAND ss^t Charles Absolute Lord and Propry of the Provinces of
Maryland and Avalon Lord Baron of Baltemore etc. To Thomas Hayward
Joseph Pemberton John Handy and Levin Gale of Somersett County Greet-
ing Know ye that we have Appointed you or any three or Two of you to be
our Commissioners to Examine Evidences in a Certain Cause depending in
our [758] Court of Chancery Between John Caldwell of Somersett County
af^d Complt and W^m Brewerton and Alexander Adams Clerk of the County af^d
Def^ts We therefore Require you or any three or two of you that at Such Time
and place as to you or any three or two of you Shall Seem Convenient you
Cause to Come before you or any three or two of you all Such Evidences as
Shall be to you or any three or two of you Named by Either Complainant
or Defendants and that you Examine them on their Corporall Oaths to be
by you administred on the Holy Evangelists in the presence of the S^d Com-
plainant and Defendants (if they having timely Notice thereof think fitt to
be present touching their Knowledge or Remembrance of any thing that
may relate to the Cause af^d and reducing into writting their Severall Depo-
sitions you Send the Same Together w^th this our Commission under your or
any two or three of your hands to us in our High Court of Chancery with
all Convenient Speed Wittness our Trusty and well beloved Rich^d Tilghman
Esq^r Chancellor and keeper of our Great Seale of our Said Province of Mary-
land this third Day of March in the Ninth year of our Dominion etc. An-
noque Dom 1723. Dan^l Dulany Edw^d Griffith

On the Back of aforegoing Commission is indorsed as follows Viz^t — The
Execution of this Commission appears in Certain Schedules to this Commis-
sion Annext. Jos. Pemberton. Levin Gale. John Handy

In Cane Interrogatories to be administred to Wittnesses to be produced
Sworn and Examined on the part and behalf of John Caldwell Compl^t Ag^t
W^m Brewerton and Alexander Adams Def^ts 1^st Do you know the parties
Compl^t and Def" or either and which of them 2. Do you know the Def W^m
Brewerton being indebted to the Compl^t in any and what Sum or Quantity
of Tob^o and when as near as you can remember and what the value of Tob^o
was at that Time and through whose means or Instigation did he refuse to
pay the Same whether the Compl^t did Commence his Action at Law Ag^t him