68. TOWNSHEND v. DUNCAN.

a commission to audit accounts, clothed the commissioners with
all the powers properly belonging to a master in Chancery, under
a similar reference, by an order or decree to account; except
that here, under a reference of a case to a master, by an order or
decree, or to commissioners by a commission to account, the
depositions of witnesses were never taken secretly, as before a
master in England, or as formerly here, under an ordinary com-
mission to examine evidences; but always, as now, after notice
to the parties, the witnesses were examined publicly in the presence
of the parties, if they chose to attend. And testimony might be so
taken after publication had passed, as to the depositions of witnesses
taken under an ordinary commission, (d) It appears to have

for that the defendant was always ready to deliver the said Ned to the complainant,
if he would have indemnified him therein—third, for that the master hath not allowed
to him the quantity of tobacco, by him charged, for the service of two negro men,
which the complainant had the possession and use of for above five years; and who
were, all that time, at the risk of the defendant—and fourth, because the master has
allowed the complainant the quantity of tobacco, mentioned in the report, for the
lands lying in Saint Mary's county, without having, as this defendant is advised,
proper evidence to justify such allowance.

28th February, 1738.—OGLE, Chancellor.—Upon debating the said exceptions, and
hearing what was alleged by counsel on both sides, it is

Decreed, that the said exceptions are insufficient; and therefore over-ruled; and
that the said report, and all the matters and things therein contained, do stand ratified
and confirmed, by the order, authority and decree of this court, to be observed and
performed by all parties, according to the tenor and true meaning thereof. And it
is hereby further Decreed, that the defendant pay to the complainant the legal inte-
rest, in sterling and gold currency, of £97 10s. 6d. gold currency, and £123 0s. 7 1/2 d.
sterling, reported to be due to the complainant from the defendant, as aforesaid, to
be computed from the said 4th day of December, 1718, the time of the complainant's
being at the age of twenty-one years : and also, that the defendant pay to the com-
plainant the costs of suit in this cause by him, in this court, laid out and expended.
Chancery Proceedings, lib. J. R. No. 4, fol. 1 to 57.

(d) WOODWARD v. CHAPMAN.—This bill was filed, on the 4th of December, 1742,
by Henry Woodward, an infant, by Edward Dorsey, his guardian, and Mary, Eliza-
beth, and Eleanor Woodward, infants, by Richard Dorsey, their next friend, against
Levin Gale and William Chapman. The bill stated, that the plaintiff's father,
Amos Woodward, died on the 16th of March, 1734, intestate, leaving a very large
personal estate, consisting of negroes, ready money, plate, rings, a sea vessel, which
had after his death, been sent to Barbadoes, brought a return cargo of rum, &c.
Besides which, the intestate had left choses in action, and other goods and chattels
of very considerable value, sufficient to pay all his debts, with a great surplus.
That administration of the intestate's estate, had been granted to his widow, Achsa
Woodward, the mother of the plaintiffs: that the negroes, belonging to the estate
of the intestate, Amos, the year he died, made a large crop of corn, tobacco, and
other things; which the administratrix, Achsa, never accounted for; but converted
to her own use; that she, accordingly, had taken possession of the intestate's estate,