WILLIAMS VS. SAVAGE MANUFACTURING CO. 307

account, to the extent of the errors specified in his bill, independently of the
question of fraud, actual or constructive.

The court is to take the account, as stated, and the onus prdbMuii is upon the
party having liberty to surcharge and falsify; and he will be restricted to
proof of errors specified in his bill.

When the accounts upon which the settlement was based, were presented to
the complainant, he was deprived of much of his mental capacity, and inca-
pable of giving them that examination which was indispensable to their full
comprehension. HELD—

That under these circumstances, it was the duty of the court, if errors were
pointed out, to permit the plaintiff to surcharge and falsify the accounts,
though the settlement based upon them was regarded as a family settlement,
which the court will usually uphold with a strong hand.

A party having elected to examine witnesses upon their Doir dire, is precluded
from resorting to any other mode to show their interest in the event of the
suit.

An appeal and a bond to prosecute the appeal, will not, under the act of 1845,
ch. 367, independently of the direction of the court, delay the execution of
the order appealed from.

Whether such direction shall or shall not be given, is referred by the legisla-
ture to the sound discretion of the court, upon a view of all the circumstances
of the case.

[The facts of this case are fully stated in the Chancellor's
opinion:]

THE CHANCELLOR:

This cause, which has been argued with an ability every way
worthy the eminent counsel engaged in it, has received the most
deliberate consideration of the court. It is justly regarded as
one of much importance, not only with reference to the influ-
ence which the decision may have upon the pecuniary interests
of the parties; but on account of the questions which have
been discussed so elaborately, and, which derive additional
importance from the relations which the parties really concerned
in the controversy bear to each other.

It appears from the pleadings and proofs, that by an act
passed by the legislature of this state, at December session,
1821, ch. 201, the defendant was incorporated by the name of
the Savage Manufacturing Company, for the purpose of man-
ufacturing and vending of cotton goods, and the carrying on of
any other branches of manufacture in their discretion ;. for which