NOV. 1785.
CHAP. 72. |
APPENDIX——CHANCERY LAWS.
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 or receiving
additional interrogatories, proofs and witnesses, it shall be
done by the commissioners, and the commissioners shall receive
such additional interrogatories in writing, and take the proofs and
evidence offered, and shall give each party a fair opportunity of
adducing all his testimony; but if the party requiring an adjournment
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 1795, ch. 83, section 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, section 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. |
Allowance to
commissioners, &c. |
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 (e) per day
for every day he shall actually serve in the execution of such commission
(f), 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 taxes in the bill of costs of the party for
whom the decree of the chancellor shall pass in the cause.
(e) Increased by 1795, ch. 88, s.
4, to thirty shillings, where the commission
issues to one person.
(f) By 1818, ch. 193, s. 3, the provisions of
this section is extended to the clerk
employed on every commission. |
| And witnesses. |
16. AND BE IT ENACTED, That a witness attending
commissioners
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 ascertained by the commissioners,
which allowance shall be paid by the party summoning or
requesting such witness to attend, and shall be taxes in the bill of
costs as aforesaid. |
Chancellor may
appoint an auditor,
&c. |
17. AND BE IT ENACTED, That the chancellor
shall have full
power and authority to appoint, during his pleasure, a person of
integrity, judgment and skill in accounts, to be auditor for the
chancery court, who shall, before he enters upon the duties of his
appointment, 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, shall have power and
authority to administer an oath to all witnesses and persons proper
to be executed upon such account, and shall audit, state and settle,
such account agreeably 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 |
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