BURCH v. SCOTT.

But in the course of the argument, the one party seemed to con-
strue this order as a total revocation of the decree of the 4th of

Thompson, and Ann McDonald—it is ordered by the Chancellor, according to the
prayer of the said bill, that the sales of the property of the said Josias Clapham and
Mary Carey, taken by the sheriff of Frederick county, by virtue of a fieri facias
issued from this court i» the names of Cornelius Thompson, John Thompson, Angus
"McDonald and Ann his wife, against the lands and chattels of the said Josias Clap-
ham and Mary Carey, and advertised for sale on the twenty-fifth instant, be stayed;
and that the sheriff of Frederick county forbear and desist from making any sale of
the said property, or any part thereof, until further order of the Chancery Court.
And it is further ordered, that the depositions of witnesses, taken before a single
magistrate, be received in evidence in this cause, upon giving five days' notice to the
adverse party. _____

Some time after which, the depositions of sundry witnesses having been taken, the
case was again brought before the court.

June, 1789.—ROGERS, Chancellor.—Ordered, that an account be stated and taken
between the parties; and that commission issue to Randolph B. Latimer and Robert
Denny, as auditors, to state and take the said account; and that the said auditors
apply to this court for instructions in adjusting the said account, as occasion may
require.

And the cause so standing continued until December court, seventeen hundred and
eighty-nine, a commission issued to the said auditors to state, settle, and adjust the
said account. The commission, with certain annexed accounts, were afterwards
returned to the court here, and are contained in the words and figures following,
to wit:—

"Maryland, sct.-The State of Maryland to Randolph B. Latimer and Robert
Denny, Esquires, of Ann Arundel county, Greeting:—Know ye, that we have
appointed you to be our commissioners to audite, state, settle, and adjust all accounts
in a certain cause depending in our Court of Chancery, between Josias Clapham and
Mary Carey, complainants, and Cornelius Thompson, John Thompson, and Anne
McDonald, defendants: We therefore require you to state, audite, settle and adjust all
accounts relating to the matters in dispute that shall be produced to you, by either of
the parties; and that you reduce to writing such accounts as shall be stated and
settled by you, and the same you send, together with this our commission, under your
hands and seals, with all convenient speed, to our High Court of Chancery.—Witness
the Honourable ALEXANDER CONTEE HANSON, Esq., Chancellor, this second day
of February, Anno Domini 1790.

SAMUEL H. HOWARD, Reg. Cur. Can.

Under and with this commission, the auditors stated and returned an account. And
the cause so standing continued until May court, one thousand seven hundred and
ninety, it was ordered that the following entry be made, to wit:—Notice of motion to
confirm the auditors' return, and dissolve the injunction nisi the thirteenth day of July
next.

After which, there being no exceptions filed to the auditors' return, on the 17ti
August, 1790, decreed, that the auditors' return be confirmed; that the injunction
order be dissolved; and that the defendants be permitted to proceed on their fieri
facias for a certain amount— Chancery Proceedings, Letter D, 1790, pages 424, 483.

* In cases of payments made in bills of credit, it was declared, that the Chancellor might
appoint his register or other person to state and adjust the claims, and to strike the balance.