170 JONES v. MAGILL.—1 BLAND.

Where the equity of the bill appears to be doubtful; or where
the magnitude, and nature of the subject enjoined is such as to

Yates; that the defendant Rutland had no interest in her; that the petitioner
was anxious to send her to Europe, and had accordingly written to have
insurance made on her voyage: that, while here idle, she was decaying, and
would be soon destroyed by the worms; that he was willing to pay what
might be found due the plaintiff, and prayed that the injunction might he
dissolved on his giving bond, &c.

ROGERS, C.. 11th June, 1786.—Ordered, that an account be adjusted, made,
and taken by auditors of and upon the several transactions mentioned, and
set forth in the bill, answer and exhibits filed in the said cause.

By consent, three persons were appointed as auditors. &c.

ROGERS, C., 24th July, 1786 —Upon hearing the petition of John Petty,
one of the defendants, in presence of the parties, by their counsel: it is
ordered, that the injunction issued in this cause, so far as it relates to the
ship Kitty, be dissolved upon the said John Petty giving bond, with good
surety, to be lodged in and approved by this Court, to abide by, observe and
perform the final decree of this Court; but that the injunction shall con-
tinue and remain in full force as to the salt in the said injunction mentioned.

On the 4th December, 1786. before me the subscribei, one of the Justices
of the Peace for said county, personally appeared William Jessop Vickers
and made oath, that on the thirtieth day of November last he, as clerk on a
commission from Chancery, wherein Andrew Bryson is complainant, and
John Petty and Thomas Rutland, are defendants, issued a summons signed
Thomas Harwood and John Muir. commissioners appointed by the High
Court of Chancery, to examine evidences on behalf of Andrew Brysoa,
complainant, and John Petty and Thomas Rutland, defendants. Which
summons was directed to the sheriff of Calvert County to execute, and is in
the words and figures following, to wit:

"Maryland, sct.—The State of Maryland, to William Richards, now of Cal-
vert County, greeting:—You are hereby commanded, that all excuses set
apart you personally be and appear before the commissioners appointed by
the High Court of Chancery, at the City of Annapolis, on Saturday the
second day of December next, to testify on behaif of Andrew Bryson com-
plainant, and John Petty and Thomas Rutland defendants: hereof fail not
as you will answer the contrary at your peril. Witness our hands this 30th
day of November, 1786.—Thomas Harwood, John Muir, commissioners. To
the sheriff of Calvert County."

"Which said summons was duly served as appears by the return on the
back thereof, to wit:—"Summoned. W. Alien, sheriff."' This deponent
saith, that although the said summons was duly served as aforesaid, the said
"William Richards neglected to appear according to the direction thereof,
which prevented the said commissioners proceeding in the execution of said
commission.

ROGEES, C.. 4th December. 1786.—Issue attachment of contempt against
the said William Richards, returnable next Court.

No further proceedings being had under this order; the case was brought
before the Court for final hearing.