Volume 748, Page 185 View pdf image |
(185) Att a Court of Chancery held at the Citty of S.t Maryes the sixteenth day of February in the fifth yeare of the Dominion of the Right hono.ble Charles Lord Baltemore &c Annoq Domini 1679 and there Continued untill the nineteenth day of the same month on w.ch said sixteenth day were p.rsent Philip Calvert Esq Chancello.r The Hono.ble Benj.a Rozer Esq.r Vincent Lowe Esq.r Henry Darnall Esq.r W.m Stevens Esq.r George Talbott Esq Thomas Bland & ux ag.t Edw.d Dorsey & ux Henry Darnall Esq.r and Coll Henry Jowles Audito.rs appointed to examine Audite and state the Accounts betweene the Comp.lts and Defend.ts haveing made Report to this Court of theire pceedings therein under theire hands and seales the defendants by Robert Carvile theire Attorney alleadged to this Court that the Comission granted to the aforesaid Audito.rs was illegally and unduely issued and surreptitiously obtained by the Complt Thomas and that the aforesaid Comission nor the Decretall order upon which the same is grounded are not drawne up according to the sence & meaning of the Justices of this Court at the hearing of this Cause and therefore humbly prayed a Rehearing of the whole matter, whereupon the Hono.ble Vincent Lowe Esq.r Henry Darnall Esq.r & W.m Stevens Esq Read pused and Compared the aforesaid Comission & Decretall order w.th the shorte noates taken by the Register in open Court at the hearing of the Cause, and haveing seriously Considered thereof did declare that it is the oppinion of each and every of them that the same Decretall order is drawne up according to the sence & meaning of the same Justices at the hearing of the Cause and that the aforesaid Comission was Legally granted, and it is ordered by the Court that if the said Robert Carvile shall pduce to this Court by the morrow morning a president of a Cause of the same nature as this Cause now stands to induce this Court to grant a Rehearing thereof, and if the court upon pusall thereof shall think fitt to order a Rehearing then this Cause to be Reheard otherwise noe Rehearing to bee granted, wch president the said Robert Carvile not produceing to this Court, Itt is Ordered that (noe |
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Volume 748, Page 185 View pdf image |
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