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360 SIMMONS v. TONGUE
tor has filed his first statement of the claims; for although as in
this instance, so far as it can be done without delay or prejudice to
the creditors and parties in the case, any other claimants will be
allowed to come in, who file the vouchers of their claims before
the court has actually parted with the fund by a final distribution
of it; yet they can have no claims upon the special indulgence of
the court; and it will not postpone the distribution to give them
time to remove objections, or to collect further proof in relation to
their claims, (u) The circumstance of such a multitude of credi-
tors having been gathered together, as in this instance, affords
strong ground for asking all the indulgence which the nature of
the case can authorize; but here there has been an allowance of
time which must be admitted to have been sufficiently liberal for
every purpose.
With regard to the second statement reported by the auditor.
It is in general true as declared by the act of Assembly, that the
expense of every statement of an account must be borne by him
who desires it; (w) but in a creditor's suit the expense of the au-
ditor's statements are borne, in general, by the estate; yet if any
new and additional accounts are asked for, the expense of stating
them must be defrayed exclusively by those creditors who by their
tardiness in coming in have rendered such new or additional state-
ments necessary, (x)
These directions apply to all the claims which have been filed
since the auditor made his first report, and for whose special bene-
fit the second statement was made; from the aggregate amount of
whose dividends the expense of making it must be deducted. And
also to all such claims as are not now sufficiently authenticated;
which must be finally rejected.
Whereupon it is Ordered, that this case be, and the same is
hereby referred to the auditor, with directions to state an account
accordingly, &c.
In obedience to this order the auditor, on the 29th of December,
1831, stated and reported a final account as directed; which was,
on the 9th of January, 1832, confirmed, and the proceeds directed
to be applied accordingly, with a due proportion of interest
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(u) Hammond v. Hammond, 2 Bland, 364; Kent v. O'Hara, 7 G. & J. 212.-
(10) 1785, ch. 72, g. 17.—(x) Hammond v. Hammond, 2 Bland, 364.
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