98 STRIKED CASE.

was allowed by that court, under the impression, that those gentle-
men were to proceed in the case to a final decree; upon which con-
dition alone, was the per centage to be allowed. The petitioners
further stated, that Henry M. Murray, soon after that order was
passed, died, without proceeding further in the case, after the audi-
tor's first report therein, and the petitioners have, in place of Mur-
ray, been compelled to engage Charles Mttchell as their counsel,
who has attended to the same since; and the petitioners had alone
borne all the expenses of the suit. Wherefore they prayed, that
the same per centage, in proportion to his services, might be
allowed to Charks Mitchell, as was to be allowed to Henry M*
Murray, if he had lived, to be ascertained by this court, subject
to a like deduction therefrom, of the money advanced by the com-
plainants to him during the progress of this suit, or that this court
would be pleased to prevent any further burthen of the counsel-
fees in this case upon the petitioners, but that the fund may con-
tribute thereto, under the agreement aforesaid.

17th April, 1826.—BLAND, Chancellor.—The Chancellor has
read and considered the foregoing petition. No objection was inti-
mated to him, against the claim of Henry M. Murray, untll after the
argument, and the Chancellor was engaged in deliberating upon
and maturing those directions, with which this case has been lately
sent to the auditor. The Chancellor knows of no practice of this
court, or of any analogous proceeding of the English court, which
would authorize the introduction of claims of this sort into a cause,
depending or about to be finally disposed of. The claim of the
solicitors, Rogers and Murray, he sanctioned under all the very
peculiar circumstances which belonged to it, and he considers the
objections to it, stated in the foregoing petition, as coming now too
late. The claim has been acquiesced in, and could not now be
reconsidered without giving H. M. Murray's representatives an
opportunity of being heard, which cannot now be done. The
Chancellor must in all eases leave the contracts between solicitors
and suitors, relative to professional services, to be settled and
decided upon in like manner as all other contracts. They
cannot, and ought not, to be introduced into, and blended with
any pending suit. Therefore this petition must be, and is
hereby dismissed with costs..

On the 4th of May, 1826, the auditor reported, that in obedi-
ence to the order of the 10th of April last he had re-stated the