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cery for examining witnesses and taking evidence, and the
interrogatories of the respective parties shall be read by the
commissioners, so that they may be heard by the parties, their
attorneys or agents, respectively, if they choose to attend, and
each party shall, on application, have a right to a copy of the
interrogatories of the adverse party, to be delivered by such
party before any witness is examined on such interrogatories,
and if either party shall, after witnesses are examined on the
interrogatories of the adverse party, desire the commissioners to
adjourn to a future day for the purpose of receiving additional
interrogatories, proofs and witnesses, it shall be done by the
commissioners, and the commissioners shall receive such addi-
tional interrogatories in writing, and take the proofs and evi-
dence offered, and shall give each party a fair opportunity of
adducing all his testimony ; but if the party requiring an ad-
journment for the purpose aforesaid, shall neglect or refuse to
exhibit his interrogatories, and produce his evidence, at the
meeting in consequence of such adjournment, and it shall
appear to the commissioners that delay and procrastination is
effected by such party, then no further time shall be given him
for the purpose aforesaid.
By 1824, ch. 133, compulsory process may issue to enforce the attend-
ance of witnesses.
By 1795, ch. 88, sec. 4, a commission for taking depositions (with the
consent of both parties,) may issue to one person, instead of four, and by
1799, ch. 79, sec. 6, a commission for any other purpose may issue, (with
the like consent, and the approbation of the chancellor,) to one person, or
to three, with power to any two.
By 1826, ch. 222, commission to take testimony to be issued by the
court, or one judge thereof, to two persons.
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Allowance
to commis-
sioners, &c.
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SEC. 15. And be it enacted. That each commissioner to take
evidence, acting in consequence of an appointment from the
chancery court, shall be allowed twenty shillings current money
per day for every day ho shall actually serve in the execution
of such commission, to be paid by the parties according to the
time that such commissioner serves in taking the testimony of
such parties respectively, and to be taxed in the bill of costs of
the party for whom the decree of the chancellor shall pass iu
the cause.
Increased by 1795, ch. 88, sec. 4, to thirty shillings, where the commis-
sion issues to one person.
By 1818, ch. 193, sec. 3, the provisions of this section is extended to the
clerk employed on every commission.
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And
witnesses.
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SEC. 16. And be it enacted, That a witness attending com-
missioners in consequence of summon, by them issued, or the
request of either party, shall be allowed five shillings per day
for every day's attendance, and itinerant charges, to be ascer-
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