522 HALL r. McPHERSON.—3 BLAND.

who is directed, from the proofs now in the case and such other
proofs as may be produced by either party upon giving reasonable
notice to the parties to state one or more accounts as *the
533 nature of the case may suggest; and to report his proceed-
ings to the Chancellor.

By consent a commission was issued to Joseph G. Harrison to
take testimony; who accordingly took the depositions of several
witnesses and returned them with the commission. After which
he filed a petition in which he stated, that his fees, as commis-
sioner, against the defendant amounted to the sum of $16, which
he had neglected to pay, although repeatedly called on so to do.
Whereupon he prayed lor an order for payment.

BLAND, C., 15th May, 1829.—Ordered, that the defendant
Thomas T. McPherson forthwith pay to the commissioner Joseph
G. Harrison, the sum of sixteen dollars, being for his commission
fees as above stated.

On the 9th of March, 1832, the plaintiff filed a supplemental bill
in which he stated, that the defendant Thomas T. McPherson had
on application to Anne Arundel County Court, been finally dis-
charged under the insolvent law, that Robert McPherson had
been appointed trustee for the benefit of his creditors; and that
soon after Thomas T. McPherson died utterly insolvent; that no
administration had been, or would be granted on his estate; by
reason whereof this suit had abated. Whereupon he prayed, that
it might be revived against Robert McPherson, the trustee of the
late defendant, &c. The subpoena issued on this bill was returned
summoned to March Term, 1832.

The plaintiff', by his petition, filed on the 20th of July, 1832,
prayed to have leave to dismiss his bill, and for the usual order in
such case.

BLAND, C., 26th July, 1832,—This case having been submitted
with notes by the plaintiff's solicitor, and no one appearing for the
defendant before the close of the sittings of the term, the pro-
ceedings were read and considered.

The application of a plaintiff to dismiss his bill is one which is,
ordinarily, granted as of course, at any stage of the proceedings,
on the payment of costs. 4 Ann. c. 16, s. 23; Ktity's Rep, 247;
Anonymous, I Ves. Jun. 140: Dixon v. Parks, 1 Ves. Jun. 402. But
in this case there having been a decree to account, each party has
been thereby virtually clothed with the rights of an actor; after
534 which the defendant having * obtained the benefit of the
insolvent law, other persons became thereby interested in
the matter in litigation; and the defendant, having died, after he