80 TOWNSHEND v. DUNCAN—2 BLAND.

to an examination before a justice of the peace, where testi-
mony had been directed by an order to be so takeu. (u). This

certain fees to the sheriff, &c. Whereupon he prayed, that another injunc-
tion to stay execution against him, upon his giving security to pay the exe-
cution fee in case the Court, at the hearing, should decree the same to be due.

CALVERT, C., 16th March, 1729.—Having heard the arguments of both
parties, in relation to the subject-matter of this petition, it is Ordered, that
the hearing of the cause between Chapman and Cockey be on the 11th of
April next, being the Saturday before the assizes in Anne Arundel County.
And that any depositions taken before Mr. Beale, or any other magistrate of
the City of Annapolis, in relation to this cause, be allowed as evidence upon
the hearing. It is further Ordered, that injunction issue in the meantine,
upon giving security. And, in case any execution is issued and executed,
the goods to be stayed in the sheriff's hands till hearing the cause.

Injunction issued accordingly. After which, the plaintiff filed his bill,
setting forth his case in due form and at large. To which bill the defendant
put in his answer; and the case was thus brought before the Court on bill
and answer alone, on the day appointed.

CALVERT, C., 11th April, 1730.—Decreed, that the injunction prayed for
in the bill, be perpetual. And it is further Ordered, that the sheriff of Anne
Arundel County restore to the complainant the negroes taken from him in
execution.—Chancery Proceedings, lib. J. R. No. 2,fol. 13, 16, 24.

(u) ONION v. McCoHAS.—This bill was filed on the 17th of November, 1700
by John R. Onion, against William McComas and Thomas B. Smith, to
obtain an injunction to stay proceedings at law, on a judgment rendered in
favor of the defendant McComas, for the use of the defendant Smith, on a
bond as assignee thereof from the defendant McComas, against the plaintiff;
and for general relief, &c. The injunction was granted as prayed; and the
defendant McComas having put in his answer, and given notice of a motion
to dissolve the injunction, the matter was accordingly brought before the
Court.

HA.NSON, C., 3d February, 1802.—The motion to dissolve the injunction in
this cause issued, being submitted, the bill and the answer of McComas, and
the exhibits referred to, as parts of the bill and answer, were by the Chan-
cellor read and considered.

The bill and the answer are both so drawn, that it is difficult to determine
whether or not McComas has denied the equity stated in the bill. However,
it appears from the bill material, for the complainant to get an answer from
Smith. As that answer has not been given, and as Smith appears from the
proceedings, to be the defendant alone interested, at this time, in the judg-
ment obtained against the complainant; it is Ordered, that the injunction be
continued until the final hearing or further order.

After which, the defendant Smith put in his answer; and gave notice of a
motion to dissolve the injunction at the next term, when the matter was
brought before the Court.

HANSON, G., 3d July, 1802.—The Chancellor having considered the answer
of Thomas B. Smith: and the said Smith not denying the material facts