576 NEALE v. HAGTHROP.-3 BLAND.

*his wife, was dead; and that, except the defendants Hughes
593 and Moore, none of the other defendants were in safe and
abundant pecuniary circumstances. Whereupon he prayed that a
receiver might be appointed, &c.

BLAND, C.,12th April, 1828.—Ordered, that the matter of this
petition be heard on the 20th day of May next. Provided, that a
copy of this order, together with a copy of the foregoing petition,
be served on each of the said defendants, except Samuel Moore
and George A. Hughes, on or before the 22d day of this month.
And either party is hereby authorized to take testimony before the
commissioners, in the City of Baltimore, to be read at the hearing,
on giving three days notice as usual.

The defendant Hagthrop on the first of May, 1828, answered
the application for a receiver, on oath, in which he admitted, that
he held the property in question; but denied, that he had received
the amount of rents and profits as charged by the plaintiff; and
said, that he believed he should be able to pay all his debts, pro-
vided he could obtain justice from those who withheld from him
his just rights, &c.

Under this last order some testimony was taken and filed on the
23d of May following, from which it appeared, that the defendant
Hagthrop was in straitened circumstances, and had himself ad-
mitted, that he was not worth a dollar. And that some of that
which the witness supposed to be the property in question was
occupied by worthless negroes.

After which the defendants, by their petition, stated that their
appeal had been dismissed by the Court of Appeals, on the 19th
of November, 1828, without costs, 1 G. & J. 308; and it had
therefore become necessary to take testimony to enable the audito:
to state an account as had been directed by this Court. Where-
upon they prayed, that a commission might be issued to the Balti-
more commissioners, &c.

BLAND, C., 20th November, 1828.—Ordered that the parties be
and they are hereby allowed to take testimony before the commis-
sioners appointed to take testimony in the City of Baltimore, in
relation to the accounts directed to be stated by the order of the
5th of December, 1826, on giving three days notice to the opposite
party, or his solicitor, as usual. Provided, that no testimony be
used before the auditor, or in any way admitted into this
594 *case, unless it be taken and filed with the register on or
before the first day of March next.

After which the plaintiff, by petition, renewed his application for
the appointment of a receiver and recommended Edward Pannell