LAWS OF MARYLAND,— 1785.

217

tained by the commissioners, which allowance shall be paid by
the party summoning or requesting such witness to attend, and
shall be taxed in the bill of costs as aforesaid.

SEC. 17. And be it enacted. That the chancellor shall have
full power and authority to appoint, during his pleasure, a per-
son of integrity, judgment and skill in accounts, to be auditor
for the chancery court, who shall, before he enters upon the
duties of his appoinment, take an oath, to be administered by
the chancellor, well and faithfully to execute the duties of his
office, without favour, affection, partiality or prejudice ; and all
accounts directed to be stated, audited or settled, by order of the
chancellor, shall be referred for such purpose to the auditor,
who shall have power and authority to administer an oath to
all witnesses and persons proper to be examined upon such
account, and shall audit, state and settle, such accounts agreea-
bly to the order of the chancellor, and shall return the same to
the chancellor, to be done with as the chancellor shall think
just ; and the said auditor shall be allowed thirty-five shillings
current money per day for every day he shall reasonably be
employed in stating, auditing and settling, any account, to be
paid by the party desiring such account to be stated, audited
and settled, and taxed in the bill of costs as aforesaid.
By 1825, ch. 175, on appeals in which accounts have been stated by the
auditor, no exceptions to such accounts shall be permitted, which were not
made in the court below.

Chancellor
may appoint
an auditor,
&c.

SEC. 18. And be it enacted, That payment of the allowances
to commissioners, witnesses, and the auditor aforesaid, may be
compelled by order of the chancellor, and process of contempt
for disobedience to such order may be issued as in other cases.

Payment
may be
compelled,
&c.

SEC. 19. And be enacted, That if any defendant, being of full
age and regularly summoned to appear to any bill or petition in
chancery, shall refuse or neglect to appear thereto at the return
court, and thereupon shall stand out the process of attachment
of contempt, and attachment with proclamations, and do not
appear and put in a good and sufficient answer to the said bill or
petition by the fourth day of the court to which the said attach-
ment with proclamations is returnable, or being served after
appearance with, and brought into court upon, any process of
contempt, for not answering the bill or petition filed, the said
defendant, so brought into court, shall and may, upon motion,
stand committed by order of the court for the same until dis-
charged by the further order thereof; and if the defendant in
the case first mentioned shall not appear and answer as aforesaid,
by the fourth day of the court to which the attachment with
proclamation is returnable, or if the defendant so committed for
not answering as aforesaid shall not put in a good and sufficient
28

Defendants
refusing,
&c. shall
stand com-
mitted, &c.