58 TOWNSHEND v. DUNCAN.—2 BLAND.

taken before a master or examiner; (1) or the ease might be referred
to a master to examine evidences more fully to illustrate its nature
or to supply some defect in the proofs. (m) A case might be re-
made to him; and especially of exceptions taken to answers, and other pro-
ceedings in this Court, which, in obedience to the Court, he is obliged to ex-
pedite, and hear, and report; although there is no settled fee, or other reward
allowed and ascertained to him for such services. It is Ordered and ruled
by this Court, that the said master-assistant, or other gentleman, acting as
such on those occasions, and to whom such references are made, be paid and
satisfied, either by the complainant or defendant, in whose favor the said
referee:s report shall happen to be made, the sum of twenty shillings cur-
rent money, for such report, before he or they be obliged to make and give
in his or their report.''—Chancery Proceedings, lib. P. L. fol. 303.

(l) "May, 1735.—Ruled and ordered, that in all causes now depending,
wherein commissions have issued, but are not returned, the examinations
may be taken by the examiner and master of this Court, as well as in causes
wherein no commissions have issued, saving to the parties, in all cases, the
liberty of examining any witness or witnesses, who, by reason of age or
infirmity cannot attend the examiner, in order to be examined, as if this rule
had not been made."

"October, 1735.—Ruled and ordered, that in all causes which are now and
shall be hereafter referred to the examiner for the examination of witnesses:
publication of the depositions do pass, within six months from the Court
wherein such reference is made: unless an order be made for enlarging pub-
lication to any particular time; and if no depositions be taken on either side
within the six months, then hearing to be on bill and answer the next Court
after."—Chancery Proceedings, Kb. J. R. No. 2. fol. 649, 681.

(m) The PROPRIETARY v. BORDLEY.—December, 1735.—Information. Ham-
mond's plea, demurrer and answer; Jening's plea, demurrer, and answer:
Donaldson's, Duff's, Alexander's, and Cuming's special replication filed to
the said answers. General replication and rejoinder: Gordon's and Bullen's
answer, Bordley's answer, McCleod's answer.

OGLE. C.—Ordered, that warrant of resurvey issue at the instance of the
defendants directed to Mr. Henry Eidgely, and that the said warrant be re-
turned by next Court. Upon motion, Ordered, warrant of resurvey issued
directed to Mr. Henry Ridgely and William Cromwell, or either of them; and
that either party give the other notice of executing the said warrant.

May, 1736.—Replication to Bordley's answer filed; warrant of resurvey
returned; "William Cuming on behalf of himself, and as counsel for sundry
defendants in this cause, prays leave to except to the return of the warrant
of resurvey, directed to Henry Ridgely, with the plot of the complainant's
pretensions, because, that the surveyor did proceed to lay out and plot the
lands before there was any proof of the bounds.

OGLE, C.—The motion being considered, this Court doth declare, that the
above is not any good exception to the return made by the said Ridgely.
Referred to the master to examine evidences.

October, 1736.—William Cuming, Esq. on behalf of himself, and as attor-
ney of William Alexander and James Donaldson. who all claim under a
purchase from Kingsmill Eyre, the devisee of Governor Nicholson, part of