74 TOWNSHEND v. DUNCAN.

subject to exceptions; which were required to be taken and filed
within a limited time, (f)

The legislature of the republic has authorized the Chancellor to
appoint, during his pleasure, a person of integrity, judgment and
skill in accounts to be auditor for the Court of Chancery; and has
also declared, that all accounts directed by the Chancellor to be
stated, shall be referred for such purpose to the auditor, who shall
have authority to administer an oath to all witnesses, and persons
proper to be examined upon such account; and shall state such
accounts agreeably to the order of the Chancellor, and return
the same, to be done with as the Chancellor shall think just, (g)

But there is nothing in that, or in any other legislative enact-
ment which either expressly, or virtually withholds from the audi-
tor any other authority which necessarily, or properly belongs to
his office; or which abrogates any powers or duties which had
been assigned to masters in Chancery, to commissioners to audit
accounts, to an auditor, or to any other similar officer, whose
assistance the Chancellor had found to be useful, or indispensably
necessary to the proper exercise of his jurisdiction. Conse-

interest on the said sum of £497 5s. 7 3/4d. from the said 16th day of February, 1773,
until such time as the same shall be paid and satisfied.

And further, that the defendant Levin Wilson, administrator aforesaid, pay and
satisfy to the complainant Thomas Sloss, the further sum of £323 10s. 3 1/2d. ster-
ling; and 683 1/2 pounds of tobacco, being the sum of money and tobacco paid by the
complainant, according to the order of this court, made on the 20th day of February,
1767, to the aforesaid William McIlvane, with interest on the said sum of sterling
money and tobacco, from the 1st day of July, 1767, the time when the same was
paid by the complainant, until the same shall be again paid to him.

And further, that the defendant, as administrator aforesaid, pay to the complain-
ant all costs expended by him in this suit, as well as all costs expended by him in
the action formerly depending in the Provincial Court, mentioned in the said former
order; and the plaintiffs' and defendants' costs of the action brought, in Somerset
County Court, by Thomas Dasheall, against this complainant for fees on the execu-
tion issued on the judgment obtained at law, by the said William McIlvane against
the complainant.

And because it does not appear to this court, that the defendant Levin Wilson, as
administrator aforesaid, bath any assets in his hands wherewith to satisfy this decree,
it is Ordered, that the same be paid and satisfied out of any assets which may here-
after come to the hands of the defendant, to be administered.—Chancery Proceedings,
lib. W. K. No. 1, fol. 166 to 209.

(f) 'February, 1735.—Sedente curia.—Ruled, that exceptions to reports made
by the master, be filed twenty days before the succeeding court, after the report is
made; or report to stand confirmed.'— Chancery Proceedings, lib. J. R. No. 2t fol. 735.
(g) 1785, ch. 72, s. 17; Rawlings v, Stewart, 1 Bland, 22, note; Clapham v.
Thompson, 1 Bland, 124, note; Bryson v. Petty, 1 Bland, 182, note; Dorsey v. Du-
lany, 1 Bland, 465, note; Cox v. Callahan, ante 46, note.