56 Proceedings of the Council of Maryland, 1733.

Lib. M.

of Perjury and the Subornation of it, For it is very Dilatary in
Regard the Attorneys who are concerned in the Cause and
who for the most part live in Annapolis do not and will not for
the present fee Limitted by Law attend the Commissioners in
the Country, so that the parties and Comm^rs who are Ignorant
in such matters, Being left to themselves, The Depositions
are often Obscurely or Deficiently taken, Accounts ill stated
and the Judgment of the Commissioners thereon either not at
all, or Uncertainly Reported, so that the Court hath been
Obliged to Issue a second or further Commission, which some-
times hath not been attended with greater Success than the
Former.
But it is also Irregular and Preposterous, that a Commission
should Issue to take an Account against a Defendant before
it is Decreed, Either that he is Accountable to the Plaintiff or
if so, without any Directions to the Commissioners in what
manner to take the Account, either as to the Subject matter of
it, as to the time from whence to be taken, what allowances to
be made &c and other Previous Requisites by way of Direc-
tion to the Commissioners who are only Ministerial Agents for
the purpose, And the Consequence of such an Irregular pro-
ceeding has been, That in some Cases an Account hath been
taken, When by the Decree of the Court afterwards the Party
hath been Adjudged not to be Accountable And in other Cases
the Comm" being Doubtfull which way to take the Account,
have taken it two ways, both which have been Adjudged
wrong, and altho' it may and hath been sometimes Practised,
to take out one Commission before the hearing to take the
Examinations of Witnesses, and after it another to state the
Account Decreed yet the parties to save time & Expencemost
Commonly have been Induced to take out but one Commis-
sion w^ch Generally hath been Attended with the Contrary
Effect.

p. 97

But further such a Method of Proceeding is a great meanes
for the Increasing Perjury and the Subornation of it, for the
Witnesses being Examined in Such a publick manner, Either
party knowing the Strength of the Evidence against him may
be Tempted to procure false Wittness to Invalidate the same.
For the Remedy of all which Inconveniencies I Humbly offer
it to His Lordshipps Wisdom and Consideration, That an Officer
may be Created with power and Authority given to him as well
for the taking Examinations of Wittnesses as to the fact in Issue

agreeable to the Business & Nature of the Office of an Exam

iner in Court in the Chancery of England, as for the taking all
Accounts Decreed Reporting all matters of fact Referred to
him, As also for taking all affidavits and probates of Answers
agreeable to the Nature and Business of a Master in Chancery