72 TOWNSHEND v. DUNCAN.—2 BLAND.

And this Court has, in many cases, since the passage of that law,
assumed the position, that it was in fact nothing more, so far as it
went, than an affirmance of its pre-existing powers; it has, where
occasion required, issued a commission to audit accounts; it has
referred cases to persons with directions to perform duties properly
belonging to a master in Chancery or auditor, considering them as
special auditors; and it has, in various instances, treated the audi-
tor as a standing officer of the Court, clothed with powers analo-
gous to those of a master in Chancery in England; and with all
such powers as had been formerly understood to belong to a master
in Chancery here.(r)

In fine, deeming it to be entirely within the legitimate scope of
the auditor's powers to make any inquiry, to take testimony, to
state any account, or to frame any statement which may be neces-
sary or proper to enable the Court correctly to dispose of any case
in which it has the power to grant relief, I shall send this case to
the auditor, with such instructions accordingly.

(r) MAIDWELL v. GRIFFITH—ROGERS, C., 1787.—Ordered, that John Weath-
erburne be appointed auditor, to make, state, and take an account between
the parties to this suit.—Chancery Proceedings, lib. S. H. H. left. B, fol. 32.

KERR v. RAWLINGS—HANSON, C., December, 1789.—An account having
been heretofore decreed, and the complainant's counsel having applied to
the Court for instructions to the auditor in stating it; and several points
relative thereto, having been debated: the Chancellor is of opinion that. &c.
&c. that the account to be stated agreeably to the instructions, be open to the
exceptions of either party.

The auditor reported an account accordingly, to which exceptions were
filed which were decided upon in the final decree.—Chancery Proceedings,
lib. E, fol. 311.

TOWERS 1'. HANNAN—KILTY, C., 5th May, 1807.—Decreed, as to the part of
the said bill praying for a conveyance, that the defendant J. Hannan, do by
a good and sufficient deed, executed, acknowledged and delivered according
to law, convey to the complainant E. Towers, the premises, in the proceed-
ings mentioned, to wit, a lot and dwelling house in the City of Baltimore,
situate in Albemarle street, being part of a lot, number 326, containing 20
feet in front, and 40 feet in depth, with all and singular the appurtenances
and privileges thereto belonging. To have and to hold the same from the
date of this decree; and during the term of the natural life of the said E.
Towers. And it is further Decreed, that the said E. Towers have possession
of the said house and lot, with the appurtenances and privileges aforesaid.

And it is further Decreed, as to the part of the bill praying for an account,
that the defendant J. Hannan, account with the complainant for the rents
and profits of the said lot, during the time of his possession thereof, under
the judgment in the ejectment aforesaid; and that an account be taken by
the auditor of this Court, of the said rents and profits on the evidence in
the cause, and such other evidence as the parties may produce to him; sub-
ject to the exceptions of either party; and to the further order of this Court,
and to its final decree thereon. The parties respectively to pay their own
costs—M. S. affirmed on appeal.