12 CRAPSTER v. GRIFFITH

stated against a guardian on a final account is relied on by him, he
ought to exhibit all the accounts, so as to slew the original charges
on which it was founded.

The Chancellor is satisfied as he was on passing the decree to
account, that the complainants were entitled to a distribution of the
specific articles when they could be traced in the hands of the
administrator or guardian. But he cannot confirm the account
No. 4, reported by the auditor, in which he makes the allotment to
the parties of different negroes by name. There are two modes by
which this maybe done in the Orphans Court. One under the act
of 1798, eh. 101, sub eh. 11, sec. 16, by making the distribution
on a day appointed : and the other under the act of 1810, ch. 34,
sec. 5, by the appraisement of commissioners, on which, if neces-
sary, a sale may be ordered. The last act is not obligatory on the
Orphans Court; but they may resort to the former, which in this
ease is considered preferable. And if this court has any jurisdic-
tion or power in the case, it may adopt the modes prescribed for
the Orphans Courts, or a course analogous to them.

It is therefore Ordered, that this court will on Thursday, the
3d day of February next, make a distribution of the negroes
mentioned in the proceedings, and in the auditor's account No. 4;
provided a copy of this order be served on the defendant Lyde
Griffith, before the 26th day of the present month. The Chancel-
lor will also, on that day, determine as to the other parts of the
report, and decree accordingly. It is however to be observed,
that the counsel for the defendant, relying possibly on the defence
set up, has not given to the auditor instructions to state an account
in any other manner, or shewn how the balance would stand, after
excepting the negroes as specific articles, if his exceptions should
prevail.

After which, the parties having had time to consider and pre-
pare for the further argument of the case, on the suggestions of the
Chancellor, they put in some further notes in writing of the argu-
ments on which they respectively relied, and the ease was again
brought before the court.

12th February, 1814—KILTY, Chancellor.—The Chancellor has
again examined the proceedings in this case, and considered the
additional notes put in for the defendant and since for the com-
plainant.