18 CRAPSTER v. GRIFFITH.— 2 BLAND.

Cuffee and Eliza; he stated another estimate of the allowance to
be made for the raising of young negroes until they attained the
age of seven years; from the evidence here reported, considered
together with that taken under the commission in this suit; and
then the account B, being a continuation of the account reported
on the 17th of June, 1820; correcting, according to the estimate so
stated, the credits in that account for the maintenance of young
negroes, and charging the defendant with half the value of the
services of the said Alfred, Cuffee and Eliza, from the time they
respectively attained the age of nine years, until the 19th of De-
cember next, the end of the year; and it makes due from the de-
fendant to the complainant, $669.64, with interest on $520.75, part
thereof, from the said 19th of December, 1825, until paid.

To this report the defendant excepted, 1st. Because it was not
pursuant to the decree of the Court of Appeals, nor warranted by
the testimony. 2d. Because so much of account B, as relates to
errors in the former account of the 17th of June, 1820, is not au-
thorized by the testimony aor by the order of the Court. 3d. Be-
cause the valuation in the latter part of account B is not author-
ized by the decree of the Court of Appeals; and also because it is
made upon the evidence of one who has given contradictory testi-
mony, and is also contradicted by other proofs. 4th. Because in-
terest is charged. 5th. Because account A is not warranted by
the testimony : and 6th. To both accounts, because credits to
which the defendant is entitled, and which have never been al-
lowed him, are not given.

The defendant, by his petition on oath, stated, that in conse-
quence of an agreement with the plaintiff to refer the case to arbi-
tration, he had not caused his witnesses to attend and give evi-
dence before the auditor. Whereupon he prayed, that the case
* might be remanded to the auditor, with directions to take
22 further testimony, &c.

BLAND, C., 13th October, 1825.—Ordered, that this case be, and
the same is hereby returned to the auditor, to take such additional
testimony as may be produced by either party, on giving the usual
notice; and to correct his report and statements accordingly.

On the 20th of September, 1826, the auditor reported, that after
having given notice to the parties, he had taken the depositions of
several witnesses, from which he had corrected the estimates here-
tofore returned, and restated the accounts. On account A, the
defendant is indebted to the complainant in the sum of $824.43,
with interest on $779.22, part thereof from the 19th of December,
1816, until paid. On account B, the defendant is indebted to the
complainant in the sum of $603.93, with interest on $475.71, part
thereof from the 19th of December, 1825.