Volume 748, Page 174b View pdf image |
(174 the said parties Comp.lt and Defend.t bee referred and is hereby refered to the order Doome Judgment Award and finall Determinacon of the hono.ble Thomas Taylor Esq.r Henry Darnall Esq.r and Thomas Truman gentl to heare and finally to determine the matters indifference between the said parties and that they doe inspect examine and state all manner of accounts that shall bee produced before them by either parties and that they doe make all just allowances and disbursments for or by reason of the p.rmisses in the said Comp.lts bill menconed or any receipts paym.ts or disbursments by either party touching the same and all costs charges & damages touching the same as well by the pcepcon of proffitts of the p.rmisses by the Defend.t out of the mortgaged p.rmisses as for his the said Defend.ts Interest and forbearance of the tobacco by him Lent laid out paid and expended for the Comp.lt or shall appeare to bee any wayes due from the said Comp.lt to the said Defend.t And the said Referrees are to bee Armed w.th a Comission not onely to take the answere of the sd Defend.t to the said bill but are to Examine such witnesses as shall bee produced before them by Either party upon such Questions or Interogatories as shall bee produced before them or to the said Referrees shall bee found fitt and convenient for the better clearing and discovery of the truth of the p.rmisses and cleareing the accounts in question That thereupon the said Refferrees haveing pused the said Comp.lts bill & the Defend.ts Answere and Examinacon of the witnesses before them taken and upon pusuall of the said Comp.lts and Defend.ts accounts and all writeings pags and Evidences before them pduced by either party and upon due consideracon of the same and hearing the allegacons on either side the sd Refferres may doe therein what to them in justice & conscience shall seeme meete And if it shall appeare that the said Defend.t bee any any waies indebted to the said Comp.lt upon the account aforesaid then the said Defend.t then the said Defend.t is hereby ordered and Decreed to pay the same to the said Comp.lt by such day or time as the said Refferrees shall in theire discression thinke fitt & Convenient & to deliver up unto him all such Deeds writeings bills bonds and accounts as to the s.d Refferrees shall seeme Expedient and to give the said Comp.lt such Releases & discharges of and from the seaverall Mortgages reconings debts & accounts between them as the said Refferees shall Adjudge needfull and if it shall appeare that the said Comp.lt is indebted to the said Defend.t upon the account aforesaid, then the said Comp.lt is likewise hereby further ordered and Decreed to pay the same to the said Defend.t by a time by the said Auditors to bee Limitted and appointed And if the said Comp.lt doe pay the same by such time by them to bee Limitted then the Defend.t is hereby Decreed to deliver up unto the said Comp.lt all the seav.ll Deeds of Mortgage & other the writeings in the pleadings menconed (according |
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Volume 748, Page 174b View pdf image |
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