102 CHANCERY. [ART. 16.

which allowance shall be paid by the party summoning or re-
questing such witnesses to attend, and shall be taxed as part of
the costs of suit.

146. When any witness is summoned by a commissioner to
take testimony in a chancery suit or proceeding, to appear before
such commissioner to give testimony in such suit or proceeding,
and such witness shall refuse or neglect to attend, or attending,
shall refuse to answer such interrogatories as are propounded to
him, in all such cases the commissioner, at the request of either
party to such suit or proceeding, shall immediately certify such
default or neglect, under his hand as such commissioner, to the
clerk of the court where such suit or proceeding is pending, who,
upon the receipt thereof, shall forthwith issue an attachment
against the person named in such certificate, and the court may
allow such process to compel such witness to attend and give evi-
dence in open court, in such suit or proceeding, at such term of
the court thereafter as the party applying for such attachment
shall request, and such process shall be directed to the sheriff or
coroner of the county wherein the person to be attached resides,
and after return is made, such process may be renewed from term
to term, as the case may require; Provided, that the party obtain-
ing such process shall give written notice to the opposite party,
or his counsel, of the time of the return thereof.

147. The parties, their attorneys or agents, shall have a right
to be present at the execution of any commission to take testi-
mony, and the interrogatories of the respective parties shall be
read by the commissioner, so that they may be heard by the
parties, their attorneys or agents, respectively, and such party,
on application, shall have a copy of the interrogatories before
any witness is examined on them, and if either party, after
witnesses are examined on interrogatories by the adverse party,
shall desire the commissioner to adjourn to a future day to
receive additional interrogatories, proofs and witnesses, the com-
missioner shall do so, and give such party a fair opportunity of
adducing all his testimony; but if the party requiring an
adjournment 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 commissioner that delay
and procrastination is effected by such party, then no further
time shall be given him for the purpose aforesaid.