BURCH v. SCOTT. 115
4th August, 1825.—BLAND, Chancellor.—Ordered, that this
case be, and the same is hereby referred to the auditor, with direc-
tions to state an account from the proceedings, shewing the hires
of the said negroes, with which the said late Kinsey Gittings was
chargeable, from the time they came into his possession and'were
demanded of him, until they were sold by his administrator, and
the amount of sales of said negroes, and the interest thereon from
that time.
The auditor on the same day made a report, in which he says,
that he had stated an " account shewing the amount of sales of the
negroes, and the interest thereon from the time they were sold; but
that he finds nothing in the proceedings from which he can state
an account shewing the hire of the said negroes, with which Kin-
sey Gittings was chargeable from the time they came into his pos-
session and were demanded of him, until they were sold by the
defendant as his administrator." Upon which the case was imme-
diately submitted without argument.
4th August, 1825.—BLAND, Chancellor.—Decreed, that the report
of the auditor be confirmed, and that the defendant, William Scott,
forthwith pay to the complainants, or bring into this court to be paid
to them, the sum of $4006 15, with interest on $2850, part thereof,
from the fourth day of August, 1825, until paid or brought in as
aforesaid.
On the 22d of September, 1825, the plaintiffs, by their petition,
applied for a fieri facias, which was immediately ordered and
issued to the sheriff of Montgomery county, which writ was
endorsed thus, "complainants release Doll. 392 90 1/2."
On the 15th of November, 1825, William Scott, together with
Berry Gittings, Michael Gittings, Richard Gittings, Sarah Git-
tings, an infant by her guardian and next friend, and Jeremiah
Gittings, also an infant by his guardian and next friend, filed a
bill, which they style, " their supplemental bill in the nature of a
bill of review," in which they recite all the proceedings in the
before mentioned case.
They state and object to those proceedings and the decree there-
upon, that under the commission to Smith, three witnesses were
examined, who " according to the tenor of the return were no
otherwise sworn, but severally and respectively to depose and tes-
tify according to the best of their knowledge and belief and are
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