BURCH v. SCOTT.—1 BLAND. 109

the original bill, &c., and that these other plaintiffs may be ad-
mitted as parties to the proceedings, as they are parties in inte-
rest, and to answer and defend, &c.; that the case may heard upon
all and singular the allegations, matters and things in this their
supplemental bill, in the nature of a bill of review, alleged and con-
tained, at the same time, that it is re-heard upon the original bill;
that these plaintiffs may be restored to their original situations
respectively, before the issuing of the commission and the making
of the *said decree; that the said decree may, by the order 118
of this Court, be opened for such re-hearing; that the execu-
tiou of the same may be suspended, and the said fieri facias coun-
termanded by the like order of this Court: and that in general they
may be relieved according to the equity and nature of their case,
&c. And in conclusion, a prayer for subpoena against the plain-
tiffs to the original bill, &c., and an order of publication against
those of them who are non-residents.

BLAND, C., 16th November, 1825—On hearing the complainant's
counsel, and considering the aforegoing bill, together with the
affidavit of the complainant's counsel therewith filed; and the
said William Scott having filed his bond with surety, approved
by the Chancellor, to abide by, and fulfil the order of this Court
in the premises:—it is ordered, that subpoenas issue, and publica-
tion be made, as prayed by the said bill. And it is further ordered,
that all further proceedings, in execution of the said decree of this
Court, of the fourth day of August last, be, and the same are
hereby enjoined, suspended and countermanded, until the further
order of this Court, as prayed by the foregoing bill.

On the 3d May, 1826, the defendants, Thomas Burch and others,
filed their answers, in which they admit, that their counsel had
been informed, shortly after the serving oi the order of the 30th
March, 1824, that William Scott had filed his answer, and that it
had been proposed, that a day should be fixed on to go to Annap-
olis to try the cause, that their counsel wrote for a copy of Scott's
answer, and was informed that it had not been filed, which infor-
mation he communicated shortly afterwards, to Mr. Jones, the
counsel of Mr. Scott; that the same fact was again, after a con-
siderable interval, communicated to Mr. Jones, and also to Wil-
liam Scott himself. And they further admit, "that there ought to
have been a credit entered for the sums mentioned in the decree of
the Orphans' Court of Washington County, and which were to be
returned to Kinsey Gittings, on his giving up the property; or
rather, that the defendants were willing to admit a credit for those
sums, though, as they were tendered to Gittings in his life-time,
and also to Scott, since his death, when the negroes were demanded
of him, and compliance with the said Orphans' Court's decree