extraordinary cases, however, the course of the court has always
been varied to suit the emergency, or the peculiar circumstances, (e)

(e) Eden Inj., 235.

BRYSON v. PETTY.—The bill, filed on the 13th of May 1786, by Andrew Bryson
against John Petty and Thomas Rutland, states, that the plaintiff was the master and
commander of the ship Kitty, then lying in the harbour of Annapolis, of which the
defendants were the owners; that the plaintiff had made several voyages in the ship,
as master; and been under the necessity of making sundry disbursements, and incur-
ring considerable expenses on account of repairs, &c. for the ship; that the defend-
ants had refused to account with, or reimburse him the amount thereof; and had, by
a writ of replevin, taken the ship, with her cargo of salt, from his possession; were
about to send her out of the country, and to go themselves beyond the jurisdiction
of this court. Prayer for general relief; for an injunction to prevent the removal of
the ship and cargo; and for a ne exeat to prohibit the defendants from leaving the
State. This bill was sworn to in the usual general manner. And there does not
appear to be any other specification of the claim or amount due than by a general
reference to the exhibits.

13(& May, 1786.—ROGERS, Chancellor,—Issue subpaena, ne exeat, and injunction
as prayed, with liberty, nevertheless, for the said John Petty to proceed to the trial
of his replevin at law, but to stay execution on any judgment he may obtain therein,
until further order.

The defendant, Petty, by his petition, stated, that he had filed his answer, that the
ship Kitty belonged to him and his partner in England, Joseph Yates; that the
defendant Rutland had no interest m her; that the petitioner was anxious to send
her to Europe, and had accordingly written to have insurance made on her voyage;
that, while here idle, she was decaying, and would be" soon destroyed by the worms ;
that he was willing to pay what might be found due the plaintiff, and prayed that
the injunction might be dissolved on his giving bond, &c.

11th June, 1786.—ROGERS, Chancellor.—Ordered, that an account be adjusted,
made and taken by auditors of and upon the several transactions mentioned, and set
forth in the bill, answer and exhibits filed in the said cause.

By consent, three persons were appointed as auditors, &c.

24th & July, 1786.—ROGERS, Chancellor.—Upon hearing the petition of John Petty,-
one of the defendants, in presence of the parties, by their counsel; it is ordered,
that the injunction issued in this cause, so far as it relates to the ship Kitty, be dis-
solved upon the said John Petty giving bond, with good surety, to be lodged in and
approved by this court, to abide by, observe and perform the final decree of this
court; but that the injunction shall continue and remain in full force as to the salt in
the said injunction mentioned.

On the 4th December, 1786, before me the subscriber, one of the justices of the
peace for said county, personally appeared William Jessop Vickers and made oath,
that on the thirtieth day of November last he, as clerk on a commission from chan-
cery, wherein Andrew Bryson is complainant, and John Petty and Thomas Rutland
are defendants, issued a summons signed Thomas Harwood and John Muir, commis-
sioners appointed by the High Court of Chancery, to examine evidences on behalf,
of Andrew Bryson, complainant, and John Petty and Thomas Rutland, defendants.
Which summons was directed to the sheriff of Calvert county to execute, and is in
the words and figures following, to wit:

"Maryland, set.—The State of Maryland, to William Richards, now of Calvert