
    United States, for the use of Eliza Balch & others, v. John Rose.
    An executor, indebted to his testator’s estate, cannot, in an action upon his adminis-trationrbond, brought by creditors or legatees, discharge himself by showing payments to his coexecutors.
    If, after the jury is sworn and impanelled, it appears .to be a case in which it is necessary to examine and determine upon accounts between the parties, the Court will order the jury to be discharged, and the accounts to he audited and stated by the auditor of the Court, agreeably to the Maryland Act of 1785, c. 80, § 12, and that he report to the Court. ■
    Debt upon an administration-bond, given by the defendant and the Rev. S. B. Balch, as coexecutors of T. B. Beall. The breach assigned was' in not accounting for, and paying over to the persons entitled to the same, a debt of $4120, due by the defendant to his testator.
    In.order to show that the whole sum of $4120 was not due by the defendant, he offered in evidence certificates of his eoexeeutor, S. B. Balch, that “ the defendant is justly entitled to the following credits in his account with T. B. Beall, deceased,” &c.
    
      Mr. Jones, for the plaintiffs,
    objected that those certificates are not competent evidence. One executor is not to account with his coexecutor, and cannot discharge himself from the claims of creditors and distributees, by showing that he has paid the money to his coexecutor.
    
      Mr. Marbury and Mr. Swann, for the defendant.
   The Court

(Morsell, J., not sitting,)

rejected the evidence.

Note. After the jury was sworn, and the cause had been opened, the Court (item, con.) made the following order : —

ct In this case, the Court being of opinion that this is an action in which it is necessary to examine and determine on accounts between the parties, it is ordered that the jury sworn in this cause be discharged, and that the accounts and dealings between the parties be audited and stated by Joseph Forrest, the auditor of this Court, agreeably to the 12th section of the Act of November, 1785, c. 80, and that he report to this Court.”

The plaintiffs had leave to amend their replication, by stating the names of the legatees, &c., and the defendant to amend his rejoinder.  