CONTEE v. DAWSON—2 BLAND. 261

ever, cases in which a Court of Chancery, from the difficulty it-
finds in dealing with the subject in dispute without great loss or
total ruin, has earnestly recommended and insisted upon the par-
ties, submitting' the matter in controversy to arbitration, accord-
ing to the terms of their previous express agreement. Wafers v.
Taylor, 15 Ves. 10.

As in contracts, an absolute unqualifiied covenant not to sue for
the recovery of an existing demand, amounts to a release of the

having any concern with the conveyance to their co-defendants, and de-
clared that they were ready to account, &c. This answer was sworn to by
each of these defendants, before one of the Justices of the Provincial Court.
The defendants Cummings and Snowden, put in their joint and separate
answer, in which they averred, that the conveyance to them had been made
bona fide, for the purpose of indemnifying them against their liability as
sureties in an administration bond given by the said William Peele. and that
on being indemnified, they were willing to deliver up the property which
had been so conveyed to them, &c. This answer was sworn to by the de-
fendant Cummings, on the 16th of February, 1750. And it was "affirmed
to by Richard Snowden, the other defendant, being one of the people called
Quakers, on the 25th of February, 1750," before the same Justice of the
Peace,

SHARPE, C., May, 1753.—Ordered, that this cause be entered abated, as far
as it relates to William Cummings, one of the defendants mentioned in the
bill of complaint.

The case having been continued from time to time, was again brought be-
fore the Court.

SHA.EPE, C., February, 1753.—Ordered, in presence of the counsel on both
sides, that this cause be referred to Henry Hall, Bryan Philpot, Charles
Graham and Robert Swan, or any three of them, and that their award be a
decree of this Court.

After which, on the 26th of September, 1753. the referees made a report as
follows: il We, the subscribers, by virtue of an order of the Court of Chan-
cery to arbitrate and determine a suit depending in said Court between
Jeremiah Gardner, &c. complainants, and James Dick, &c. respondents, do
award, order and adjudge, that the said James Dick, James Mowat, Jarnes
Nicholson, and Richard Snowden, do pay, or cause to be paid to the said
Gardener and Leg;g, or to Samuel Galloway their attorney in fact, for their
use. the sum of £256 6s. 2d. sterling, out of the effects of William Peele
aforesaid, in the hands of his executors James Dick, James Mowat, and
James Nicholson, being the full balance of accounts due from Samuel Peele
and William Peele. deceased, to John Peele, together with the legal costs
arising in said suit.'" Whereupon it was prayed, that the said report might
stand confirmed.

SHARPE, C., 30th October, 1753.—Decreed, that the said report and all the
matters and things therein contained, do stand ratified and confirmed, by
the order, authority, and decree of this Court, to be observed and performed
by all parties according to the tenor and true meaning thereof.—Chancery
Proceedings, lib. J. B. No. 5, fol, 1057, 1075.