MURDOCK'S CASE. 477

when a certain William and Zachariah Johnson, of the
city of Annapolis, well knowing that the said injunction had been

Decreed, that the defendant account with the complainant for one-half of the profits
of the ferry in the bill mentioned, from the time when the defendant took, and so
long as he has retained the whole profits thereof; that the parties shall further ac-
count with each other relative to all debts whatever, arising on the agreement afore-
said or otherwise. That the auditor state the account or accounts between the pur-
ties on notice to them given, and from the proofs in this cause, or other competent
legal proofs which shall to him be produced; and that having stated the account or
accounts he shall report and return the same, subject to the exceptions of either
party, and to be done with as shall seem just.

N. B.—The complainant's bill alleges, that the new ferry is set up at a distance
of about twenty yards. The defendant's answer, says, that the new ferry is lower
down, on his own land. But whether there are different roads, Sec. as before men-
tioned, is not yet established.

On the 28th of March, 1799, the defendant, by his petition, on oath, stated, that
for many years from the time of the death of his father, the accounts of the profits
and expenditures of the land called United Friendship, to which the ferry was alleged
to belong, were kept in certain books of accounts, or entries, which contain also the
general accounts between them, as well relative to the said farm and ferry, as other
transactions concerning their father's estate, and their common concerns, which he
cannot otherwise identify than by reference to their subject matter, were left in the
possession of the plaintiff, and were then in his possession or under his control;
that this defendant expects to prove by them various charges, for which he has no
other proof. Whereupon, it was prayed, that they might be produced before the
auditor, &c.

28th March, 1799.—HANSON, Chancellor.—Ordered, that the complainant do forth-
with produce to, and lodge with the auditor for the purpose of his stating an account
between the parties, every book in his, the complainant's possession, which contains
any entry, memorandum, or statement, relative to the matter in dispute between
them; and to the account to be stated in conformity to the decree in this cause lately
passed.

On the 13th of April, 1799, the auditor filed a report, in which he said, that in
obedience to the decree, after having given notice to the parties, and having received
what further testimony they chose to produce, he had stated accounts Nos. 1, 2, 3, 4,
and 5. That account No. 1, was a copy from the books of complainant, commencing
in the year 1775, which appeared to have been adjusted and settled by arbitrators,
and after charging interest, the balance struck on the 14th of June, 1787, which
then amounted to £ 160 Os. 4d. That for this account there did not appear any
other evidence, or voucher, except the waste books and ledger, lodged by the com-
plainant where the original entries appeared to have been made. That No. 2, was
an account of the ferriages received by the complainant for his proportion of tolls as
entered in his cash book monthly, commencing on the 23d of May, 1786, to the 81st
of October, 1796. And from this view of the profits, the auditor had made an esti-
mate on the back of said account of the probable monthly receipts at said ferry.
That No. 3, was an account stated from the balance on account No. 1, which was
stated in that manner, in order that the private accounts, and the account for the
profits of the ferry might be distinct. That in this account, the defendant had credit
for his half of £145 7s. 9 1/4d. being sundry receipts which he had exhibited, and
61 v 2