WILLIAMSON v. WILSON.—1 BLAND. 417

to stand over as of course some short time, after it has been re-
turned and filed; during which time, or before it was made, a
plaintiff, or a defendant or a co-creditor, who has not by any pre-
vious act lost his opportunity or waived his right to do so, may
plead the Statute of Limitations or put in any exception to the
claim of any creditor, upon which he may ask the judgment of
the Court. If such exception presents a question of fact, an answer
on oath may be called for, and proofs taken in relation to it,
but if it presents only a question of law, then, or after the answers
and proofs have been returned and filed, a day may be ap-
pointed for the hearing of the matter. But if after the lapse of a
reasonable time no exceptions are taken to the auditor's first gen-
eral report, it may be confirmed as to all claims, not objected to,
and the payment of them be ordered accordingly. If a creditor
finds it necessary to have time to obtain testimony to sustain his
claim and remove the objections made against it, he may have
time allowed him to collect his proofs for that purpose within or
beyond the jurisdiction * of the Court: and the decision .
may be postponed and the amount set apart to meet it re- 442
served accordingly.

But after a reasonable time has elapsed; and where it does not
appear, that any of the creditors whose claims have been objected
to have been allowed time for further proof which had not then
expired, and there are still some claims, the objections to which
have not been removed, the case may be referred to the auditor
with directions to state a final account excluding all claims not
then sufficiently authenticated so as to bring the whole controversy
to a final conclusion. This case now stands in that situation.

Whereupon it is ordered, that this case be and the same is here-
by referred to the auditor with directions to state a final account,
from which he will exclude all claims not now sufficiently authen-
ticated; and also those from which the auditor's objections, as
stated in his former reports, have not been removed. All objec-
tions heretofore filed by any party against the allowance of any
claims, which have not been determined by the Court to be valid,
are hereby overruled.

Notwithstanding this ordei, the parties appear to have acqui-
esced in leaving the case open, or to have waived the right to call
for a final account as ordered; for, on the 26th May, 1830, a special
confirmation of the auditor's report of the 22d of May, 1828, was
called for and ordered accordingly, by which it would seem that
the case had been brought to a final termination; but the objec-
tions to claim No. 21, 27, and 28, having been withdrawn, the case
was again submitted, upon which on the 3d of May, 1831, it was

27 1 B.