630 CAPE SABLE COMPANY'S CASE.—3 BLAND.

After which the auditor made another report, bearing date on
the 19th of May, 1831, in which he says, that he had, at the in-
stance of William O'Hara, stated an account between the trustees
and the estate of the Cape Sable Company, whereby the proceeds
of sale are applied to the payment of the trustees' allowance for
commissions, the costs of this suit, the claim of William O'Hara
for poundage fees, as directed by the order of the loth of Decem-
ber, 1828, on §26,410, the appraised value of the personal estate
taken in execution at seven and a half per cent, on $26.67, and
three per cent, on the residue. And on $432.87, the balance, as
real estate, at three-fourths per cent.; amounting to $796.75;
with $7.26 costs of his petition; and the sums awarded to Philip
G. Lechleitner, leaving an unappropriated balance of $20,164.98.
But although the whole of P. G. Lechleitner's claim, as adjusted
* by the award is allowed in said account; yet the auditor
653 begs leave to suggest a doubt whether the claimant is enti-
tled to any preference over other claimants as to the sum of seven
hundred and fifty dollars, agreed and awarded to be paid to him
for submitting to an arbitration of his claim.

This report of the auditor, as regards the claim of O'Hara, by
an order of the 24th of June, 1831; and as regards the arbitrated
claim of Lechleitner, by an order of the 22d of July, 1831, no cause
haviug been shewn, although notice given, was finally ratified
and confirmed; and the trustees directed to apply the proceeds ac-
cordingly.

The auditor, in a report bearing date on the 30th of January,
1832, says, that in obedience to the instructions of the solicitor of
the Gape Sable Company, of Caton, aud of Carroll, he had re-
stated the claim of Philip G. Lechleitner. Adopting his former
statement of said claim No. 16; he has credited the same by the
amount of R. L. Colt's account for P. G. Lechleitner's notes men-
tioned in the resolve of the company of the 4th of February, 1822,
and interest thereon from the 31st of December, 1821. And by the
balance of the sum of $17,000, borrowed under said resolve for
said Lechleitner, to be used under his contract of the 25th of Sep-
tember, 1813. And by interest on said sum of $17,000, from the
20th of February, 1822, to the day of sale.

The auditor has adopted the statement of said claim No. 16,
because it was the more favorable statement for the parties who
required his further account. And he has confined himself to the
allowance of the credits before mentioned, because they were speci-
fically required by his instructions; and because the exceptions
filed by the defendants on the 14th of November, 1831, seem to
admit, that in all others particulars, the auditor's statement of said
claim is correct. The auditor retains the opinions which he ex-
pressed in his report of the 18th ol February, 1830. And he does
not clearly perceive, that the said claim can be credited with the