MURDOCK'S CASE.—2 BLAND. 457

completed the erection of said fence, in direct violation of the said
injunction. Whereupon he prayed for an attachment against

whole difference of soil, &o.; and one-half whereof only ought to have been
charged to the defendant. Second, for that the auditor had no proof the ac-
count of ferriages received and charged to the defendants, but written ac-
counts of the complainants, and which were in no wise authenticated.
Third, for that the auditor had not made allowances to the defendant which
he was entitled to. and which were specified in the account filed by him.

HANSON. C., 1st August, 1799.—On complainant's motion. Ordered, that
the defendant's exceptions be heard on the first week in the following term;
provided a copy of this order be served on the defendant, or his solicitor, at
any time during the present month.

A copy of this order having been served, the matter was submitted for de-
termination.

HANSON, C., 14th October, 1799.—The order passed on the first day of
August last having been duly served, and no argument being offered on the
defendant's part, and there being a submission on the part of the complain-
ants, the Chancellor considered the exceptions to the defendants; and it is
adjudged and Ordered, that the same be overruled, and that the report of
the auditor, and the accounts by him stated, be approved, ratified, and con-
firmed .

This order having been passed upoa a submission of the matter, made
under a misapprehension as was alleged, the case was again brought before
the Court.

HANSON. C., 5th November. 1799.— The complainant's counsel having ad-
mitted that it had been understood between him and the counsel of the de-
fendant, that the argument on the exceptions, which had been appointed to
take place during the first week of this term should be postponed; and that
in consequence thereof the said defendant's counsel had failed to attend at
the appointed time; aud the Chancellor having, on the idea of the said
counsel's abandoning the exceptions, which were not sufficiently pointed
aad particular, passed an order ratifying the auditor's report, it was deter-
mined that the said order be rescinded, and that the said exceptions be de-
bated. The argument of the counsel on each side was accordingly heard
and considered.

The present cause appears to the Chancellor to be one of those cases in
which it is extremely difficult, if not altogether impracticable, for him to do
complete justice without violating strict law, which he is not at liberty to
dispense with, and departing from established principles. He therefore
feels himself under embarrassment, and to relieve himself from it, as well
as to make an end. in the most eligible manner, of a contest, which hath
been attended with much expense, delay, and vexation, he thinks proper,
before he proceeds to a decision oa the argument, or gives any intimation of
his opinion relative to its merits, to make a proposition, on which he requests
the parties immediately to determine. His proposition is, that the parties,
by writing, to be here filed, shall submit to him, as an arbitrator, all matters
in dispute between them in this cause; and that an order be thereon passed
by consent, for submitting as, aforesaid, and that a decree be passed on his