70 TOWNSHEND v. DUNCAN.—2 BLAND.

The Legislature of the Republic has authorized the Chancellor
to appoint, during his pleasure, a person of integrity, judgment

Note (p) continued.

wards, or the value thereof, which he cannot now exactly ascertain; and that
the said defendants are merchants of Philadelphia, and intend, or one of them
intends, as this deponent believes, soon to be in this Province about business;
but that, in a very little time, they will again leave and depart this Province,
and again return to Philadelphia; and likewise that he doth believe the re-
covery of the said debt will be very precarious, unless they are stayed by a
ne exeat provinciam.—Sworn to this 16th day of May, 1760, before John Bul-
len."

"Whereupon, accordingly issued ne exeats and subpoenas against the
aforesaid William and David Mcllvane to appear and answer the bill afore-
said—and the said cause standing so continued until April Court, 1762. It
was then Ordered, that a commission issue, directed to Messrs. William Sword,
William Humphreys, William Murray, and Andrew Elliot, merchants in
Philadelphia, to take the answer of the said defendants William and David
Mcllvane, to the aforesaid bill of complaint of Thomas Sloss, complainant,
which issued accordingly."

The defendants having answered, and the parties being at issue; a com-
mission was issued to examine evidences in the then usual form, requiring
the commissioners to cause notice to be given to the parties, or their attor-
neys, of the execution of the commission: and after they had taken the
depositions, to "send the same, together with this our commission close,
under your, or any three, or two of your hands and seals to us in our High
Court of Chancery," &c. After which, the case was brought before the
Court.

EDEN, C., February, 1770.—It is Decreed, that the defendant do pay to the
plaintiff what, on account to be taken, shall appear to be due; and, in order
that the same may be settled and liquidated, that commission do issue to
Messrs. John Davidson, Thomas Harwood, Thomas B. Hodgkin and Thomas
Hyde. And, as touching and concerning the claim or charge of commission,
or allowance, in the complainant's bill mentioned; it is by the Court, Ordered,
and directed, that the same, or any part thereof, be not admitted; and as
touching or concerning any other matter or thing, in taking the said ac-
count, liberty is granted, should occasion require, to apply, from time to
time, for the further order and direction of the Court, as well on the part of
the complainant as of the defendant.

This case having abated, by the death of the defendant, who was the sur-
viving partner, a bill of revivor was filed against Levin Wilson, his admin-
istrator, who filed his answer thereto, sworn to before a Justice of the Peace.

"Whereupon, it is Ordered, by his excellency, the Chancellor, that the
proceedings in the cause shall stand and be revived; and that the commis-
sioners, heretofore appointed by this Court to state and liquidate the accounts
between the parties, proceed in stating and liquidating the same."

The commissioners stated and reported an account accordingly, and the
case was brought before the Court for a final decree.

EDEN, C., 18th May, 1773.—Decreed, that the defendant Levin Wilson, as
administrator aforesaid, pay and satisfy to the complainant Thomas Sloss,