106 BURCH v. SCOTT.— 1 BLAND.

demurrer to the same, on or before the 4th day of July Term next
of this Court, or otherwise the Chancellor, upon application of the
complainants, and at discretion, will either take the bill pro
confess®, or direct a commission to issiie for taking depositions,
and will finally decree as to him shall seem meet and consistent
with the established principles of equity, in the same manner as if
the said defendant had appeared and depositions had been taken
in the usual way. Provided a copy of this order be served on the
said defendant, or left at his usual place of abode, before the 20th
day of June next.

After which, this order having been returned served, the case
was brought before the Court for further proceeding.

BLAND, C., 8th July, 1825. — The bill having been taken pro
confess, on motion of the complainants' counsel, it is ordered,
that a commission issue to Zadock Magruder of Montgomery
County in this State, and also to John A. Smith, of the City of
Washington, to take testimony in the cause.

The commission to Smith was returned with testimony, and filed
on the 3d of August, 1825. and that to Magruder was returned
with proofs and filed on the next day.

August, 1825. — Ordered, that this case
be, and the same is hereby referred to the auditor, with
directions to state an account from the proceedings, shewing the
hires of the said negroes, with which the said late Kinsey Gittings
was chargeable, from the time they came into his possession and
were demanded of him, until they were sold bj his administrator,
and the amount of sales of said negroes, and the interest thereon
from that time.

The auditor on the same day made a report, in which he says,
that he had stated an '' account shewing the amount of sales of the
negroes, and the interest thereon from the time they were sold; but
that he finds nothing in the proceedings from which he can state
an account shewing the hire of the said negroes, with which Kin-
sey Gittings was chargeable from the time they came into his pos-
session and were demanded of him, until they were sold by the
defendant as his administrator." Upon which the case was im-
mediately submitted without argument.

BLAND, C., 4th August, 1825.— Decreed, that the report of the
auditor be confirmed, and that the defendant, William Scott,
forthwith pay to the complainants, or bring into this Court to be
paid to them, the sum of $4,006.15, with interest on $2,850, part