668 INDEX.—2 BLAND.

PRACTICE.— Continued.

their guardian in possession of the land in respect to the amount of
rents and profits received by them. Townshend v. Duncan, 40.

6. An annuity given by will is, for many purposes, treated as a legacy,
and so considered its payment may certainly be enforced in equity.
Ib.

7. The office, powers, and duties of masters in Chancery in England; and
of the auditor of this Court. Ib.

8. It is within the scope of the auditor's duties to make any inquiry, to
take testimony, to state any account, or to frame any statement
which may be necessary and proper to enable the Court correctly
to dispose of a case. Ib.

9. The Ace of Assembly authorizing the appointment of auditors does not
affect the right of the Court to issue a special commission directing
the taking of testimony, and the stating of an account. Ib.

10. Testimony may be taken under an order before a justice of the peace.
Ib.

11. The mode of collecting testimony and taking the depositions of wit-
nesses in England and in Maryland, under a commission. Winder
v. Diffenderffer, 155.

12. No objection, coming from a party, to suspend the taking of the depo-
sitions before the commissioners; but such objections may be noted
and decided at the hearing. Ib.

13. A witness may, on assigning cause, demur to the questions propounded
to him; upon which the examination must be suspended until the
Court decides. Ib.

14. If the books of a bank be shewn to contain evidence pertinent and
proper, the party is entitled to have them produced, or to have ex-
tracts taken from them. Ib.

15. A witness may be compelled to attend and have his deposition taken
before a Justice of the Peace. Ib.

16. A party may, as of course, withdraw any document, which he himself
has voluntarily put upon file, for the purpose of having it authenti-
cated.—Commissioners may summon a witness to attend before
them; and the Court will compel him to do so; but a commission
should be issued so as to have the examination at a reasonable dis-
tance from the residence of the witness. Maccubbin v. Matthews, 235.

17. A creditor permitted to come in, on petition, before the defendant
had answered. Bank v. Dugan, 239.

18. Where a plaintiff has an interest in books, which the defendant
admits to be in his possession, he may be ordered to produce them;
but they must be called for by petition, not by way of exception to
the defendant's answer. Ib.

19. The answer overrules the plea; and the plea being overruled, the de-
fendant was ordered to pay the costs. Ib.

20. The plaintiff may set the case down for hearing on bill and answer;
but, in doing so, he admits the truth of every fact set forth in the
answer. Coatee v. Daswson, 248.

21. Where an application is made, grounded on admissions in the answer,
for an order on the defendant to bring money into Court, the whole
of his answer must be taken together and for true. Ib.