CRAPSTER v. GRIFFITH.—2 BLAND. 17

The plaintiff by his petition, shewing this decree of the Court of
Appeals, prayed that the case might be referred to the auditor,
with directions to state an account accordingly, from the proceed -
ings in the ease, and ou such testimony as he might be authorized
to take, &c.

JOHNSON, C.,4th May, 1824.—On the present application, and
in pursuance of the decree of the Court of Appeals of the 12th of
July last, it is ordered, that the auditor, from the evidence in the
cause, or from such as may be taken before him, the usual notice
being first given, report to this Court the names and ages of the
negroes born of Lucy and Milly after the execution of the commis-
sion, and before the passing of the decree in the suit brought by
the appellant and his wife against the defendant in this Court; as
well as the value of each; in order that the complainant may ob-
tain one moiety thereof. And it is further ordered, in pursuance
of the said decree of the Court of Appeals, that the auditor also
state and return an account from the same evidence, the value of
the balance of the negroes assigned to him from the date of the
auditors statements, to wit: the 19th of December, 1813, to the
period when the said last mentioned negroes were delivered to the
appellant.

On the 21st of September. 1825, the auditor reported, that on
the application of the plaintiff and in execution of this order, he
had given notice to the parties; and had, at the instance of the
plaintiff, issued summons for his witnesses, which having been
served, the parties and witnesses attended, and some additional
testimony having been taken by him; from all which he states,
that the negroes born of Lucy and Milly, after the execution of the
commission, and before the passing of the decree, are Alfred,
about fifteen years of age, and of the value of $280; Cuffee, about
thirteen years of age, and worth $230; and Eliza, aged thirteen
years, and of the value of $175. In considering the second part of
this order, and the decree of the Court of Appeals, it was designed
to execute, it occurred to him, they might have been intended to
require, as they literally do, an account solely and *exclu-
sively of the value of the labor of the negroes awarded to 21
the complainant in the nrst suit, from the time to which the credit
in that suit was carried, to the date of their delivery; and he ac-
cordingly stated the account A, making due from the defendant to
the complainant, $879.60, with interest on $881.82, part thereof
from the 19th of December, 1816, until paid.

Then supposing it might be desirable to the Court to have the

defendant allowed in such account all credits he might appear to

be entitled to, and charged further with what might appear to be

properly chargeable to him for services of the said negroes Alfred,

2 2 B.