TOWNSHEND v. DUNCAN.—2 BLAND. 41

raised out of the rents and profits by putting a receiver upon the estate,
or may grant a personal decree against infants or their guardian in pos-
session of the land in respect to the amount of rents and profits received
by them, (b)

An annuity given by will is, for many purposes, treated as a legacy, and so
considered its payment may certainly be enforced in equity.

The office, powers, and duties of masters in Chancery in England; and of the
auditor of this Court.

It is within the scope of the auditor's duties to make any inquiry, to take
testimony, to state any account, or to frame any statement which may
be necessary and proper to enable the Court correctly to dispose of a
case.(c)

(b) The decree made in the case in the text was reversed on appeal in
Robinson v. Townshend, 3 G. & J. 413, upon the ground that as the bill con-
tained no allegation or suggestion of the receipt of the rents and profits by
the defendants, or any of them, nor of the annual value of the land, nor of
the application of the rents and profits, and did not call upon the defendants
to make any disclosures upon these subjects, there was no issue to which
evidence which had been taken in the cause in relation to them could apply,
and there could be no decree in personam against the defendants under this
state of pleadings. The Court of Appeals said in conclusion: "We do not
mean to say that the complainants would not be entitled to relief on a
proper case made against the proper parties, and supported by appropriate
proof."

(c) Approved in Trustees v. Heise, 44 Md. 465, where the Court said: "The
auditor is the calculator and accountant of the Court, and when any calcu-
lations or statements are required, all the pleadings, exhibits and proofs are
referred to him, so that he be enabled fully to investigate and put the whole
matter in proper order for the action of the Court. His office, while not in
all respects the same, is yet to a certain extent very analogous to that of a
master in Chancery. His powers and duties are fully stated and defined by
Chancellor BLAND in Dorsey v. Hammond, 1 Bl. 463, and Townshend v.
Duncan, 2 Bl. 45. 74.'' The appointment and duties of auditors in equity are
prescribed by Rev. Code, Art. 59, sec. 17. As to their compensation see Ibid,
sec. 18. and Art. 65, sec. 54. The proceedings before auditors are regulated
by Equity Rules, 53-56.

The general rule is that when funds are in Court for distribution among
creditors and the auditor reports that certain claims have not been proved,
or objections for want of proof are made to their allowance by parties in-
terested, the case is again referred to the auditor with directions to state a
final account, from which all claims not then sufficiently proved are to be
excluded, and leave is given to supply the proof upon such terms as to
notice as may be deemed reasonable. Upon the coming in of the report of
the auditor, made pursuant to the order, and after the usual time given for
filing exceptions, the report may be submitted for ratification, and when
ratified, all parties are concluded, and the litigation is terminated. Dixon v.
Dixon, 1 Md. Ch. 271. But there may be cases in which this rule ought to be
relaxed if the party seeking relief can show himself free from blame. Ibid.
Where funds still remain in the hands of a trustee, a creditor who has no
knowledge of an audit may apply to the Chancellor for a new reference, and
claim to participate upon due proof of his demand; but the general rule is
different after final ratification as to one whose claim has been first sus-
pended and afterwards rejected for want of proof. Kent v. O'Hara, 7 G. &.