Volume 748, Page 40 View pdf image |
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1672 And the Complt and Defend.t were thereby ordered to Attend the said Auditors at the house of M.r Thomas Notley on such day as the said audito.rs should Appoint some tyme Betweene that & the then next Court In pursuance of which order the said M.r Thomas Notley and M.r Benjamyn Rozer did make their Report unto this Court under their hands and seales in these words Following Maryland ss To his Excellency Charles Calvert Esq Cheife Judge in Equity and to the rest of his Hon.ble Associats Justices of the same Court This submissively sheweth that by virtue of an Order of the High and Hon.ble Court of Chancery within this Province begunne and held at S.t Maryes the Tenth day of December last past and there Continued till the fourteenth of the same unto us Thomas Notley and Benjamyn Rozer Directed under the lesser Seale of this Province Impowering us the said Thomas & Benjamyn to Audite Examine and State an account of sales of a Cargo of wynes made by James Neale for Acc.t of John Nethway and John Balley in Joint ptnership And which were by the said Balley Comitted to the Charge of the said Neale for sales The account whereof is in the said Court of Chancery Filed as is expressed in the said Order and a Coppie thereof thereunto Annexed In Obedience therfore unto the said Order Wee the said Thomas and Benjamyn have called before us the said John Balley and the said James Neale and haveing viewed pased and Read the Sev.rall and Respective Articles both of the Debito.r and Creddito.r side of the said Account in p.rsence of the said James and John And haveing taken into our Consideracons all the Exceptions made by the said Balley against the said Account, as also all that the said Neale hath Alleadged in Justification thereof and haveing likewise viewed all the pages Lrs and and wryteings thereunto Relateing that were produced unto us by the said James & John on their Respective parts And haveing Maturely Deliberated upon the whole matter Doe in most Humble Maner To this High and Hon.ble Court make this our Report To say Wee According to our Consciences and the best of our Judgem.t haveing Audited Stated & Examined the afforemecond Account and the same have hereunto Annexed Doe find due upon the balance of the same To the said John Nethway & Balley from him the said James Neale the Quantity of Thirty Three Thowsand & Forty six pownds of Tobacco and Casque to Conteyne it And in Regard it doth Appeare unto us that the said James Neale hath Deteyned the said sume of Thirty Three Thowsand Forty & six pounds ^of Tob^ afforemenconed from him the said Balley for which he ought long since to Accomted but hath |
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Volume 748, Page 40 View pdf image |
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