BURCH v. SCOTT.—1 BLAND. 115

But in the course of the argument, the one party seemed to con-
strue this order as a total revocation of the deciee of the 4th of
* August last; and the other, as a mere stay of execution,
because of some credits not having been given. It was 125
also urged, that the allowing of such a bill of review to be filed
did, of itself, operate a suspension of all further proceedings, until
the final hearing; and that it must be so understood, when taken
in connexion with the prayer of the bill, and the circumstances of
a bond having been required and accepted. The Chancellor has
been misunderstood.

According to the English law, neither the filing of a petition for
re-hearing; nor a bill in the nature of a bill of review; nor a bill
of review for error apparent on the face of the decree; nor a bill
of review for new matter, after leave given; Mitf. PL 88; nor an
original bill, to set aside a decree on the ground of fraud; nor a
bill to open an enrolled decree, and let in the merits, has ever, or
under any circumstances been considered, in itself, as a suspen-
sion of the execution of a decree. The party having the decree,
in all such cases, is allowed to proceed, unless specially and ex-
pressly restrained; which is never done but on the sum decreed
being brought into Court, or on good security being given. Similar
law and practice has been long established here; and, hence it

settle, and adjust the said account. The commission, with certain annexed
accounts, were afterwards returned to the Court here, and are contained in
the words and figures following, to wit:—

"Maryland, sct.—The State of Maryland to Randolph B. Latimer and
Robert Denny, Esquires, of Ann Arundel County. Greeting:—Know ye.
that we have appointed you to be our commissioners to audite, state, settle,
and adjust all accounts in a certain cause depending in our Court of Chan-
cery, between Josias Clapham and Mary Carey. complainants, and Cornelius
Thompson. John Thompson, and Anne McDonald, defendants: We there-
fore require you to state, audite. settle and adjust all accounts relating to
the matters in dispute that shall be produced to you, by either of the par-
ties ; and that you reduce to writing such accounts as shall be stated and
settled by you, and the same you send, together with this our commission,
under your hands and seals, with all convenient speed, to our High Court of
Chancery.—Witness the Honorable ALEXANDER CONTEE HANSON. ESQ., Chan-
cellor, this second day of February, Anno Domini 1790.

SAMUEL H. HOWARD. Reg. Cur. Can.

Under and with this commission, the auditors stated and returned an ac-
count. And the cause so standing continued until May Court, one thousand
seven, hundred and ninety, it was ordered that the following entry be made,
to wit:—Notice of motion to confirm the auditors' return, and dissolve the
injunction nisi the thirteenth day of July next.

After which, there being no exceptions filed to the auditors' return, on
the 17th August, 1790, decreed, that the auditors' return be confirmed; that
the injunction order be dissolved: and that the defendants be permitted to
proceed on their fieri facias for a certain amount.—Chancery Proceedings,
Letter D, 1790, pages 424, 483.