478 MURDOCKCASE.

issued, and served on the said and acting as his
agents, and with his consent, and with great haste con-

which do not appear to have been entered on the complainant's books; they appear
to be accounts against E. and S. Norwood; but how far the complainant was con-
cerned in the whole of the said debts, the auditor cannot say. The balance due the
complainant, on this account, including interest to this day, amounted to £68 18s. 2d.
That account No. 4, was the complainant's proportion of ferriages from the 6th of
September, 1795, to the 23d of June, 1706, with interest thereon to this day, amount-
ing to £ 104 9s. 2d. That account No. 5, was a further account of ferriages from
the 1st of November, 1796, when the defendant moved the ferry-boat, &c. from the
old ferry to the new ferry erected on his own landing, amounting to £554 1s. 5d.
exclusive of interest.

25th May, 1799.—HANSON, Chancellor.—On the complainant's motion it is Or-
dered, that the auditor's report and the accounts by him stated in this cause, shall be
approved, ratified, and confirmed; unless exceptions thereto be filed on or before
the 1st day of August next; provided a copy of this order be served oa the defen-
dant before the 5th day of July next.

On the 27th of July, 1799, the defendant filed exceptions to the auditor's report;
first, for that the account, No. 1, was not an account settled, or acquiesced in by the
complainant or defendant, and is erroneous and unjust; and was so proved by the
said Zachariah M'Cubbin, particularly in the item of £400, charged by the defen-
dant for difference of soil, &,c. which was the whole difference of soil, &c.; and one-
half whereof only ought to have been charged to the defendant. Second, for that
the auditor had no proof of the account of ferriages received and charged to the de-
fendants, but written accounts of the complainant's, and which were in no wise
authenticated. Third, for that the auditor had not made allowances to the defendant
which he was entitled to, and which were specified in the account filed by him.

1st August, 1799,—HANSON, Chancellor.—On complainant's motion, Ordered, that
the defendant's exceptions be heard on the first week in the following term; pro-
vided a copy of this order be served on the defendant, or his solicitor, at any time
during the present month.

A copy of this order having been served, the matter was submitted for determi-
nation.

14th October, 1799.—HANSON, Chancellor.—The order passed on the first day of
August last having been duly served, and no argument being offered on the defen-
dant's part, and there being a submission on the part of the complainants, the Chan-
cellor considered the exceptions of the defendants; and it is adjudged and Ordered,
that the same be overruled, and that the report of the auditor, and the accounts by
him stated, be approved, ratified, and confirmed.

This order having been passed upon a submission of the matter, made under a
misapprehension as was alleged, the case was again brought before the court.

5th November, 1799.—HANSON, Chancellor.—The complainant's counsel having
admitted that it had been understood between him and the counsel of the defendant,
that the argument on the exceptions, which had been appointed to take place during
the first week of this term should be postponed; and that in consequence thereof the
said defendant's counsel had failed to attend at the appointed time; and the Chan-
cellor having, on the idea of the said counsel's abandoning the exceptions, which
were not sufficiently pointed and particular, passed an order ratifying the auditor's