78 TOWNSHEND v. DUNCAN.— 2 BLAND.

been able to ascertain the origin of the practice; but it seems to
have prevailed from an early period of the Provincial government;
and appears to have been at all times, and very commonly resorted j

that the complainant's rigbt to the said lands had been adjudged to him by
due course of law; and therefore, that the only matter under consideration
of this Court, was the quantum of the rents and profits, and the interest
thereof; and the loss sustained by the complainant by his lands being with-
held from him; the case was submitted for a decree to account, &c.

BLADEN, C., 27th May, 1746.—The counsel on both sides being present, and
the counsel for the defendants not objecting, but confessing to what was
moved for on behalf of the complainant, this Court doth Decree, that the
Hon. George Plater, Esq. Messrs. Abraham Barnes, John Hicks, and James
Mills, or any three or two of them, take an account of the issues and profits
of the land mentioned in the bill of complaint, during the infancy of the
complainant; and the time he was kept out of possession of the said lands;
and, if need be, to examine evidences concerning the same; and return their
proceedings thereon into the Court, with all convenient speed.

Under which order, on the 23d of February, 1747, the following return
was made, to wit: "we the subscribers, three of the persons named in the
order hereunto annexed, do in obedience thereto, humbly certify, that after
due notice had been given to each and every of the defendants in the same
cause, that we intended to meet at the house of the petitioner, situate on the
premises mentioned in the bill of complaint, on Tuesday, the,26th day of
February, instant, in order to execute the power given by the said order;
and being so met; there were also Messrs. George Hamilton, who intermar-
ried with the daughter of George Gordon. Kenelmn T. Greenfield, oldest
son and heir-at-law of Col. Thomas T. Greenfield, and James Forbes only
son and heir apparent of Mrs. Dryden Forbes. in whose presence and hear-
ing were sworn, as evidences, Col. Jos. Jordan, Thomas Shanks, John Bond,
John Hult, John Long, Jos. Shanks, John Boult, Edmund Bouling, and
Thomas Brewer, from whose several examinations it appears plainly to us,
that the petitioner was out of possession of the land and premises, in his bill
of complaint mentioned, from the spring of the year 1718, to the latter end
of October, 1739; during all which time the greatest and best part of the
tract of land called Mattapony, was held and occupied by George Forbes,
deceased, and the rents, issues and profits of the same; and the damage the
said Kenelmn Cheseldine sustained thereby, is of the value of 61,500 lbs. of
tobacco: and that the rest of the said tract of land, was held by Col. Henry
P. Jowles, deceased, from the said spring of 1718 to the time of his death;
and by his widow after his death, until her intermarriage with a certain
John Jowles, gentleman, deceased; and after his death, by her again until
the said October, 1739; and that the rents, issues, and profits of the same;
damage the same Cheseldine sustained thereby, is of the value of 1,150 Ibs.
of tobacco per annum, amounting in the whole, to 33,000 Ibs. of tobacco.
And the island and tract of land called White's Neck, also mentioned in the
same bill, were severally held and occupied for the same space of time by
Thomas T. Greenfield, gentleman, deceased; and after his death by Ann
Greenfield, his widow, or by his or her under-tenants; and that the rents,
issues and profits of the same, and the damage the said Kenelmn Cheseldine
sustained thereby was, and is of the value of 31,000 lbs. of tobacco. All