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MCKIM v. ODOM. 411
this schooner, and by the nature of their agency, to retain so much
of the proceeds of this vessel and her earnings, which have come
to their hands, as will reimburse them for all disbursements and
advances made by them, as well on account of her voyage to the
West Indies as of that which she made to Montevideo.
The auditor, therefore, will so state the account as to shew the
amount claimed for disbursements by the firm of Law & Harrison,
and also by George Law. The amount of proceeds which came
to the hands of Law & Harrison) of George Law, or of John Odom,
if in fact any has been separately received by each, or any of them.
The one-half of the net amount of the proceeds of this schooner
and her earnings will be decreed to McKim, and the other half to
Odom. Interest is to be estimated as usual on receipts and pay-
ments. The object of this account is to ascertain the exact
amount to which McKim and Odom are, each of them, entitled;
and of whom they are to obtain payment.
Whereupon it is Decreed, that as regards the President, Direc-
tors and Company of the Franklin Bank of Baltimore, and William
F. Anderson, the bill of complaint be and the same is hereby dis-
missed with costs to be taxed by the register. Decreed, that the
complainants and the defendants George Law, William G. Harri-
son and John Odom, account with each other of and concerning
the disbursements made for the outfit and use of the said schooner
Beauty on her voyage to the West Indies, and afterwards to Mon-
tevideo; and also as to the proceeds of the sale of the said vessel
and her earnings, as in the proceedings mentioned. That the
auditor state the account relative thereto from the evidence and
proceedings in the case, and such other evidence as may be laid
before him by either party. The said account to be returned to
this court for further order, and subject to the exceptions of either
party. And it is further Ordered, that the plaintiffs and defen-
dants Law, Harrison and Odom, be and they are hereby authorized
to take testimony before the commissioners in the city of Baltimore,
to be used in stating the account as aforesaid, on giving three
days notice as usual. Provided, that the same be taken and filed
on or before the 15th of May next.
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On the 12th of May, 1828, the defendant Law, by Ms petition
on oath, stated, that the testimony of William P. Matthews, a
witness competent and proper, who was then beyond the limits of
the state, was necessary to sustain his case, &c. Whereupon
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