CONTEE v. DAWSON.—2 BLAND. 277

But the auditor is informed, that the admissibility of the deposi-
tion of the said Frederick Dawson, will be objected to on the part
of the complainants. And he has, agreeably to instructions from
the complainants' solicitor, stated another account B, which is
predicated upon the letter of the said William Dawson, deceased,
in his life-time, to James Clerklee, dated on the 9th of July. 1.818.
In this letter the said William Dawson states the amount paid to
his banker, for principal of said legacy, and some interest thereon.
The sum paid for interest is nowhere stated, except in the ex-
hibits accompanying the aforesaid excluded deposition. And as
this omission is to be attributed to the laches of the defendant,
the auditor has thought it proper to charge the whole of the afore-
said amount of $10,696.48, as received for principal of said legacy.

From the account B, it appears, that there is due to Edmund H.

Contee, and Eleanor R. his wife, the sum of $3,064.24, with further
interest on the sum of $1,991.92, part thereof, from this date until
paid. To Josias Hawking and Caroline A. his wife, the sum of
$3,186.11, with further interest on the sum of $2,316.61, part there-
of, from this date until paid. To Elizabeth Clerklee, the sum of
$3,257.90, with further interest on the sum of $2,600.77, part there-
of, from this date until paid. To Margaret Clerklee, the sum of

$3,296.52, with further interest on the sum of $3,016.03, part there-
of, from this date until paid. And to Sarah Emily Clerklee, pay-
able on her arrival at age or marriage, the like sum of $3,296.52,
with further interest on the sum of $3,016.03, part thereof, from
this date until paid.

On the 16th of December, 1829, the plaintiffs filed the following
exceptions to this report of the auditor: first, because the account
A, as stated and reported, is founded upon the deposition of Fred
erick Dawson, who is not a competent witness; second, if he be
competent as a witness, that his deposition is in contradiction to
other evidence in the cause, and to the acts and admissions of the
late William Dawson, and ought not to have been relied on by the
auditor; third, because the account B, as stated and reported by
the auditor, is the true account between the parties.

And on the 22d of the same month, the defendant Eleanor Daw-
son tiled the following exceptions to this report of the auditor; first,
because the principal sum charged in each account, is greater 296

*than the proof and proceedings in the cause warrant: second,
because there is a.charge of interest in said account, whilst none is
justified by the said proof and proceedings; or if any interest should
be charged, because the same is charged at too great a rate: and
because there is a charge of compound interest; third, because if
liable to interest at all, it was only from the death of Mrs. Clerk-
lee, which was on the 23d of November, 1818, and the same is cal-
culated from the 15th of October, 1818; fourth, because no allow-
ance is made for the expenses charged by the bankers, in Eng-