64 TOWNSHEND v. DUNCAX.—2 BLAND.

or proper. Clapham v. Thompson, I Bland, 124, note; Dorsey v. Ham-
mond, 1 Bland, 465. It appears to have been always understood, as
well settled, that a commission to audit accounts, clothed the com-
missioners with all the powers properly belonging to a master in
Chancery, under a similar reference, by an order or decree to
account; except that here, under a reference of a case to a master,
by an order or decree, or to commissioners by a commission to
account, the deposition of witnesses were never taken secretly, as

annexed a third schedule to this, nay report, wherein I have stated the ac-
count according to the allowances, above mentioned, between the complain-
ant and defendant; and struck the balance thereof. for the more ready in-
spection of the Court.—All which I humbly certify and submit to the judg-
ment of this Honorable Court.—B. YOUNG, Master in Chancery."

Upon motion, on the 28th of February, 1738. by the complainant's counsel
it was prayed, that the said report might stand confirmed, and that the com-
plainant might be allowed interest for the sum of money appearing by the
said report to be due from the defendant to the complainant, from the 4th
day of December, 1718. the time on which the complainant came to the age
of twenty-one years, with his costs of this suit.

To which report the defendant, by his counsel, filed the following excep-
tions: This defendant excepts to the master's report, first, for that he hath
allowed the complainant the quantity of tobacco, in the report mentioned,
for lands lying in Anne Arundel County, which were quarters, seated at the
death of the complainant's ancestor, whereon there was a stock of negroes,
cattle, &c.: and were never tenanted, or rented out by the said complainant's
ancestor, or the defendant—second, for that the master has allowed, at the
rate of £20 gold, per annum, for the work of mulatto Ned, which is a sum
much beyond what he ever did, or could earn—and for that the defendant
was always ready to deliver the said Ned to the complainant, if he would
have indemnified him therein—third, for that the master hath not allowed
to him the quantity of tobacco, by him charged, for the service of two negro
men, which the complainant had the possession and use of for above five
years; and who were, all that time, at the risk of the defendant—and fourth,
because the master has allowed the complainant the quantity of tobacco,
mentioned in the report, for the lands lying in Saint Mary's County, without
having, as this defendant is advised, proper evidence to justify such allow-
ance.

OGLE, C., 28th February, 1788.—Upon debating the said exceptions, and
hearing what was alleged by the counsel on both sides, it is

Decreed, that the said exceptions are insufficient; and therefore overruled;
and that the said report, and all the matters and things therein contained,
do stand ratified and confirmed, by the order, authority and decree of this
Court; to be observed and performed by all parties, according to the tenor
and true meaning thereof. And it is hereby further Decreed, that the de-
fendant pay to the complainant the legal interest, in sterling and gold cur-
rency, of £97 10s. 6d. gold currency, and £123 0s. 7 1/2d. sterling, reported to
be due to the complainant from the defendant, as aforesaid, to be computed
from the said 4th day of December, 1718, the time of the complainant's being
at the age of twenty-one years: and also, that the defendant pay to the com-
plainant the costs of suit in this cause by him, in this Court, laid out and
expended.—Chancery Proceedings, lib. J. R. No. 4, fol. 1 to 57.