Alexander v. Alexander. that the allowance made by the Chancellor, is not ample. So far indeed as we can judge, from the account given of the lunatic by the witnesses, it appears to be sufficiently liberal, as he was not a furious madman, requiring constant attention, and in fact did not receive it. 6. The Register rejected the charge of $30, for keeping three horses two months, assigning as his reason, that there was no proof of the fact, but the testimony of the guardian himself. The Chancellor sustained the rejection, upon the ground, that the guardian was not competent to prove items in his own account, above the sum of ten dollars. The defendant was examined as a witness, by the direction of the Chancellor, in the interlocutory decree, directing an account to be taken. The design of the statute (Clay's Dig. 352, § 43) authorizing a party to prove items not exceeding ten dollars, by his own oath, has no reference whatever to the practice in Chancery when a defendant is required by an order of the Chancellor to submit to an examination as a witness. In Hart v. Ten Eyck, 2 Johns. Ch. 513, Chancellor Kent says, a reference in such a case, under the usual order, has the effect of a supplemental bill of discovery, and in Templeman v. Fauntleroy, 3 Rand. 444, it is said, " the examination has the same effect, as that of an answer to the bill." To the points then, to which the guardian, as defendant, was examined by the wife and child of the lunatic, his answers are evidence for him, precisely, as they would have been in an answer to a bill for a discovery. He cannot give evidence for himself upon matters to which he is not examined by the opposite party. [Armsby v. Wood, Hopkins C. Rep. 229.] As it does not appear that the guardian was examined as to this charge in his account, by the opposite party, his testimony was properly rejected by the register. 7. The eighth exception relates to the rejection of the charge made by the guardian, for conveying the lunatic to Columbia, S. Carolina. The allowance made by the Register was the cost of travelling by the public stage, and two dollars a day for the trouble of the guardian. It appears from the testimony that the lunatic was not a furious madman, and it is evident that he could have been conveyed as well by the stage coach, as by private conveyance. Indeed the latter would be the cheaper mode, though in this case it seems that it cost more. It was the duty of Alexander v. Alexander. the guardian to select the cheapest mode, consistent with the comfort and safety of the lunatic, and he cannot be allowed more. 8. We think with the Chancellor, that the charge of forty-five dollars for attention to Silas, is not sufficiently proved. It is not shown how long he was sick, nor how much it was worth. The whole amount of the testimony is, that the guardian, "charged $45 for attending to Silas nine months, during which time he was sick." This is too general, vague, and indefiinite, to authorize the Register to make the allowance. It should have been shown how long he was sick, and what was the nature and value of the attention bestowed upon him. 9. The 11th exception is for sustaining the Register, in rejecting a claim for $182, (voucher 12,) money paid to one Doster, for board, &c. of the lunatic, for the year 1839. The Register rejected this because there was no proof other than the account of Doster, receipted, that the board was furnished, and because the item was contradicted by other facts in the record. The Chancellor appears to have considered, that the item was proved by the guardian himself. Upon looking into his testimony, we are unable to find any such proof. He says, "In 1839, Ethelbert boarded with me five or six months; $182 was a fair compensation for his board that year." This is certainly not proof of the fact, and the account of Doster, is for the entire year, at a given rate per month. Before this item could have been admitted, it should have been proved, that the services were rendered and the money paid; also, that the charge was reasonable. These facts are not shown by the production of the receipt, but on the contrary, as the Register remarks, it is contradicted by other parts of the testimony and facts in the cause. This exception was therefore properly overruled. 10. The 11th assignment is, that the Chancellor erred in overruling the 13th exception, which was for rejecting the account of 1842, being the result of the labor of the slaves for that year, and charging him with hire, without proof of the value of the hire. It appears that the guardian hired out the slaves, in 1840, and 1841, but that in 1842 he undertook to work them for the benefit of the lunatic, purchasing mules, provisions, &c. These, it appears, the guardian purchased from himself, and upon the breaking up of the establishment, and sale of the property, became Alexander v. Alexander. again himself the purchaser at a greatly reduced price. By this operation, as might have been expected, the estate of the lunatic sustained considerable loss. We entirely agree with the Chancellor, that this proceeding is wholly unjustifiable. Independent of the manner in which the guardian conducted the matter, by buying from and selling to himself, a course of conduct necessarily leading to abuse, and which could not be tolerated, it was the duty of the guardian, if he considered that the interest of the estate required that the slaves should not be hired out, but should be employed in this mode, to have applied to the appropriate tribunal, for the necessary authority-an authority, which we think no Court, under the circumstances of this case would have granted. The cases must be very rare, where an estate in the absence of its owner, will be made to yield what the slaves would have hired for. The general rule is, that acts done by the guardian without authority, will not bind the ward, unless beneficial to him. [Macpherson on Infants, 329, and cases there cited.] Doubtless, there may exist cases, where a guardian finding his ward in possession of an estate in lands and slaves, would be justified in keeping the estate together, and working it for the benefit of the infant; and upon an enlarged view, this might be most beneficial to the minor. That is not this case. Here the slaves had been previously hired out. To commence the business of planting, a considerable outlay was necessary, in the purchase of mules, plantation utensils, &c., and this too, with the strong probability existing, that the enterprize would not yield, what would be realized, by the more simple, and customary mode of hiring out the property. Upon every view which we are able to take of the case, we are satisfied the decision of the Chancellor was correct -that this project, by which the property was diverted from its natural, and customary channel, to a difficult, and to say the least, doubtful experiment, though done in good faith, was at the risk of the guardian, and he must sustain the loss. The further objection urged, is, not that the hire was charged at too high a rate, but that there was no testimony of its value. The evidence was of the value of the hire, the two preceding, and the succeeding years, from which, certainly, a just inference might be drawn of its value during the intermediate period. And if put down by the Register at too high a rate, might easily have been corrected below. Alexander v. Alexander. 11. The 12th assignment is, that the Chancellor overruled the 14th and 15th exceptions, that the Register charged the guardian with the value of two slaves, which he had exchanged for other negroes. The guardian had no authority whatever to make the exchange of the slaves, Ned, and Malinda, and upon the principles laid down in regard to the previous exception, acted therein at his peril, and subject to have his contract affirmed, if beneficial to the estate, and disallowed if not. Here it appears to be the interest of the estate to disaffirm it; such is the opinion of the Register, and such is also the opinion of those representing the interests of the wife and child. This was sufficient evidence for the Chancellor, and is for this Court, of the true interest of the estate. He was therefore properly charged with their value, of which there was abundant testimony. 12. The 13th assignment relates to the charge against the guardian, of $8,324 43, of notes, contrary to the proof. This, which was the 20th exception to the Master's report, the Court rejected for its generality, and because it imposed on the Court the necessity of examining a great mass of evidence, without pointing out where the error was. It is most undeniable, that the appropriate function of an exception is, to point with distinctness, and precision, to the error complained of. It is too much to ask of the Court, to grope through a vast mass of testimony, and documentary evidence, in search of an error, which is alledged to exist somewhere, and by connecting in this instance, the accountant with the Judge, to ascertain what the error is. For it is not stated in the exception, what is the true amount of the notes, in the hands of the guardian. Upon looking into the account presented by the guardian, (as we presume it to be,) he charges himself with notes of the estate and interest to January 1, 1840, to the amount of $7,633 83, describing each note particularly. The Master presents as the result of the testimony, a schedule, which accompanies his report, by which he charges the guardian January 1, 1840, with notes, property of the ward, $8,324 43 Subtract guardian's credit, Amount due to ward, January 1, 1840, 197 52 $8,126 91 Alexander v. Alexander. It was sufficient for the Master to state the result of his finding, and if the opposite party was dissatisfied with the amount thus stated, it was his duty to except to such items as he considered improperly charged; it would then have been the duty of the Master to certify the evidence by which the disputed item was sustained. This not being done, and a mere general objection made to the Master's conclusion, it is impossible for the Chancellor, if he was willing to encounter the labor, to investigate the matter with any approach to certainty. The exception was therefore properly overruled. [See Kirkman v. Vanlier, 7 Ala. Rep. 227.] 13. The 14th assignment of error, is the overruling the 21st exception to the report of the Master, charging four months hire for the slave Silas. Upon what testimony this charge was made, does not appear. It does appear however that the guardian had possession of the slave at the commencement of the year, and the proof when he became blind and of no value, should properly have come from the other side. In the absence of any such proof we cannot say the charge is incorrect. The presumption must be, that such proof was made, otherwise it would have been the duty of the Register, to have charged hire for the entire year. The last assignment, calling in question the result of the Master's report, need not be considered, as we have anticipated it, in the examination of the various parts, of which it is composed. The result of this protracted examination is, that the decree of the Chancellor must be affirmed. According to the former decision of this Court, the costs were to be paid out of the estate, upon the presumption that the litigation was bona fide. From some evidence found in the record, it would seem to be doubtful, whether the guardian was not unnecessarily protracting the controversy, for the purpose of vexation. If this was clearly made out, we should not hesitate to apply the proper corrective, by taxing him with the costs. We do not think however, the evidence sufficiently strong to warrant this course. Let the costs be paid out of the estate in the hands of the guardian, except the costs of this court, which will be paid by the plaintiff in error. Since the decree rendered in this cause, at the present term, a motion has been made by the counsel for the plaintiff in error, |