32 CRAPSTER v. GRIFFITH.

might be remanded to the auditor, with directions to take further

testimony, &c.

13th October, 1825.—BLAND, Chancellor.—Ordered, that this
case be, and the same is hereby returned to the auditor, to take
such additional testimony as may be produced by either party, on
giving the usual notice; and to correct his report and statements
accordingly.

On the 2Oth of September, 1826, the auditor reported, that after
having given notice to the parties, he had taken the depositions of
several witnesses, from which he had corrected the estimates here-
tofore returned, and restated the accounts. On account A, the de-
fendant is indebted to the complainant in the sum of $824 43,
with interest on $779 22, part thereof from the 19th of December,
1816, until paid. On account B, the defendant is indebted to the
complainant in the sum of $603 93, with interest on $475 71,
part thereof from the 19th of December, 1825.

The plaintiff excepted to this report, and account B of the audi-
tors, 1st. Because an allowance was made to the defendant for the
maintenance of the negroes Alfred, Cuffee and Eliza; and he is
charged with the value of their services. 2d. Because it refers to
and is predicated upon an account reported 17th of June, 1820,
wherein are included sundry charges and discharges not warranted
by the decree of the Court of Appeals; and 3d. Because, by that
decree the only matter of account between the parties is the value
of certain negroes' services mentioned in account A.

The defendant excepted to the report of the auditor, 1st. Because
too much was allowed for the services of the negroes. 2d. Be-
cause too little is allowed for the maintenance of the infant negroes.
3d. Because the complainant is not charged with the moneys
omitted in the former account, and which he had admitted, as
would appear by the testimony. 4th. Because interest is charged,
which, under any circumstances, ought not to be allowed, and
more especially when the complainant has not executed the decree
requiring him to reconvey the land; and 5th. Because, until a
division is made of the negroes born after the return of the com-
mission, and before the final decree, the defendant is .not charge-
able with the services of any of them.

30th January, 1829.—BLAND, Chancellor.—The exceptions to
the auditor's report standing ready for hearing, the solicitors of the
parties were fully heard, and the proceedings read and considered.