MACCUBBIN v. MATTHEWS. 253

the provisions of the late act of assembly professing to provide
compulsory process in such cases, (h) can only be regarded as a
mere affirmance of the pre-existing powers of the court.

But, in enforcing the attendance of witnesses before commis-
sioners, the court will so exercise its authority as to leave to the
suitor every benefit he can, with propriety, ask, without imposing
upon the witness any unnecessary trouble or expense. It has long
been the practice to allow suitors to have commissions to take evi-
dence directed to commissioners most convenient to the residence
of the witnesses; so that they may not be compelled to travel
any unreasonable distance to give their testimony. And, there-
fore, instead of forcing a witness to attend at a great distance from
his home, as for example, from his residence on the Eastern Shore,
to attend commissioners sitting in Allegheny, the party would be
directed to have a commission to some more convenient place
within a reasonable distance from the habitation of the witness;
without regard, however, to the place being within the same
county or not, as the jurisdiction of the court extends indiscrimi-

High Court of Chancery, remaining upon record in our said court, it is ordered and
appointed you to audit, state, and examine the accounts and other matters between
Thomas Bland, and Damoras his wife, complainants, and Edward Dorsey, and Sarah
his wife, defendants, depending in this court, or at law, and stopped by injunction of
this court, at such time and place as you shall appoint; which said order of our said
court is hereunto annexed. We, willing that justice should be done, and that all
decrees and orders of our said court should be exactly performed, do hereby strictly
charge and command you, and either of you, that the said parties, complainants and
defendants, you call before you at such time and place, as to you shall seem meet, and
the said accounts and other matters, between the said parties, that you audit, state
and examine, according to the order of our said court; and that a report of your
proceeding herein, that you send to us under your hands and seals into our Court of
Chancery, the tenth day of February next, wheresover we shall then be, and this
our precept. Witness ourself at our city of St. Maries, the 18th day of December,
in the 5th year of our Dom. &c., Anoque Domini 1679.—Chancery Records, lib. C.
D, fol. 254.

Charles, &c.—To Andrew Toulson and William Currier, of Cecil county, greeting :
We command you, that, all excuses set apart, you be and personally appear before
James Stavely and James Frisby, our commissioners, by virtue of our commission to
them directed, out of our Court of Chancery, at such certain day and place as
our said commissioners shall make known unto you, that they may then and there
diligently examine you, upon certain interrogatories, on the part of John Browning,
complainant against George Oldfield and Andrew Peterson, defendants; and further
to do and receive what our said court shall consider of in that behalf; and this you
may in no wise omit under the pain of ten pounds sterling a piece: and have you
there this writ. Witness, &c. 26th of May, 1681— Chancery Records, lib. C. D.
fol. 299.

(h) 1824, ch. 133.

33 v.2