MARYLAND COURT OF APPEALS 577

Brewerton the Def^t that he paid rent for more Land than he held and that
the Comp" Caldwell Would right him

John Handy Levin Gale

And Thereupon the Cause Stands further Continued untill the Next
Court at w^ch S^d next Court To Witt the 7^th Day of July Anno Dom 1724 Come
again as well the S^d Comp" by his Council as the Def^ts by their S^d Council and
Consented to and prayed that a new Comⁿ issue to Kent County to Some per-
sons to Examine more Evidences in relation to the Cause af^a.

Whereupon Comm^rs names were Struck by the Council of both parties
in the usual manner and Commission issued Accordingly directed to the
Severall persons therein named and Appointed in these words following Viz^t.

MARYLAND ss^t Charles Absolute Lord and Prpry of the provinces of
Maryland and Avalon Lord Baron of Baltemore etc. To Co^l Edw" Scott and
Simon Wilmore of Kent County Greeting Know ye that we have appointed
you to be our Comm™ to Examine Evidences in a Certain Cause Depending
in our High Court of Chancery between John Caldwell of Somersett County
Comp¹⁴ and W^m Brewerton and Alexander Adams of the Same County Def^u
We Therefore require you that at Such Time and place as to you Shall Seem
Convenient you Cause to Come before you all Such Evidences as Shall be to
you named by either Comp¹⁴ or Def^ts and that you Examin them upon their
Corporal Oaths to be by you Administred on the Holy Evangelists in the
presence of the Comp¹⁴ and Def^ts (if they having Timely Notice thereof think
fitt to be present) touching their Knowledge of any thing that may relate to
the Cause af^d and that reduceing into Writing their Severall Depositions you
Send the Same together with this our Commission under y^r hand and Seales
w^th all Convenient Speed to us in our High Court of Chancery Wittness our
Trusty and well beloved Rich^d Tilghman Esq^r Chancellor and Keeper of the
great Seal of Maryland this 22^d day of August in the 9^th year of our Dominion
etc. Annoque Dom 1724
D. Dulany Per Quer

W^m Gumming Per Def. R^d Claggett Reg^r.
[771] On the Back of the aforegoing Condition is thus Endorst Viz^t. Sir
Feb^ry 12^th 1724.

If Col Scott be not returned from Philadelphia before the Rev^d M^r
Adams delivers you this Commⁿ I desire you to Call before you Examine Such
Evidences your Self as he Shall nominate to you and make return thereof
immediatly to

Y^re Rich^d Tilghman

MARYLAND ss. In Obedience to a Commission out of our High Court
Chancery to us directed bearing dat the Twenty Second day of August Last
to Examine Evidences in a Cause depending in the S^d Court between John