76 TOWNSHEND v. DUNCAN.

in the proceedings mentioned; the annual value thereof since the
death of the testator; and by whom, if by any one, the rents and
profits thereof have been received, and the amount thereof; the
amount of the arrearages of the annuity with interest; and the
age and general state of health of the plaintiff Anna Maria
Townshend; and that the auditor make his statements and report
as to these particulars, from the proceedings and such proofs as
may be laid before him. And it is further Ordered, that the par-
ties be, and they are hereby permitted, to take the depositions
of witnesses to be read in evidence, in relation to the matter of
this order, before any justice of the peace, on giving three days
notice as usual to the opposite party or his solicitor.

On the 25th of May, 1829, the auditor reported, that in execu-
tion of this order, and at the instance of the solicitor for the com-
plainants, he issued notice to the parties, that he would attend at
his office in Annapolis, on the first day of August then next, to
receive such evidence in relation to the matters in dispute, as
the parties should then produce before him, &e. The proof of
service thereof on the defendant Robinson, was therewith filed.
The counsel for the plaintiffs filed the following interrogato-
ries, &c. And Samuel Harrison of John, a witness of lawful age,
produced on the part of the complainants, being duly sworn and
interrogated, deposed, £c. The auditor attended pursuant to the
last adjournment; and neither party appearing, he adjourned sine
die. That the complainants had since filed with him the deposi-
tion of John Hanan relative to the age and state of health of the
complainant Anna Maria; and also their admission of the pay-
ment of three years annuity which were returned.

The auditor further reported, that upon consideration of the said
testimony, and other the proceedings in the cause, the whole
value of the land, in the proceedings mentioned, was $2,983 50,
or thereabouts. That the annual value thereof, at the time of the
testator's death, and for five years thereafter, was $200; and
since that time to the present, $150. And that the average annual

said lot, during the time of his possession thereof, under the judgment in the eject-
ment aforesaid; and that an account be taken by the auditor of this court, of the said
tents and profits on the evidence in the cause, and such other evidence as the
parties may produce to him; subject to the exceptions of either party; and to the
further order of this court, and to its final decree thereon. The parties respectively
to pay their own costs—M. S. affirmed on appeal.