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WILLIAM SMALLWOOD, Esq; Governor.
XVIII. And be
it enacted, That the chancellor shall have full power
and authority to appoint, during his pleasure, a person of integrity, judgement
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, who shall have
power and authority to administer an oath to all witnesses and persons
proper to be examined upon such account, and shall audit, state and
settle,
such accounts, 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 be employed in stating,
auditing and settling, any account, to be paid by the party desiring such
account to be stated, audited and settled, and taxed in the bill of costs
as
aforesaid. |
1785.
CHAP.
LXXII.
Chancellor
may appoint
an auditor,
&c. |
XIX. And be
it enacted, That payment of the allowances to commissioners,
witnesses, and the auditor aforesaid, may be compelled by order of
the chancellor, and process of contempt for disobedience to such order
may be issued as in other cases. |
Payment may
be compelled,
&c. |
XX. And be it
enacted, That if any defendant, being of full age and regularly
summoned to appear to any bill or petition in chancery, shall refuse
or neglect to appear thereto at the return court, and thereupon shall stand
out the process of attachment of contempt, and attachment with proclamations,
and do not appear and put in good and sufficient answer to the
said bill or petition by the fourth day of the court to which the said
attachment
with proclamations is returnable, or being served after appearance
with, and brought into court upon, any process of contempt, for not
answering the bill or petition filed, the said defendant, so brought into
court, shall and may, upon motion, stand committed by order of the
court for the same, until discharged by the further order thereof; and
if
the defendant in the case fist mentioned, shall not appear and answer
as
aforesaid, by the fourth day of the court to which the attachment with
proclamations is returnable, or if the defendant so committed for not
answering
as aforesaid, shall not put in a good and sufficient answer by the
fourth day of the court next after the court at which he shall be committed,
in either case, unless the defendant shall have further time granted
by the court to put in such answer, the bill or petition shall be taken
pro confesso, and such decree made thereupon as by the court may be
thought just; and if in either of the cases aforesaid, the defendant shall
have
further time granted him to answer, and the said defendant shall not, before
the expiration of such further time, put in a good and sufficient answer
to the bill or petition exhibited against him, such bill or petition
shall be taken pro confesso without further delay, and such decree made
thereon as by the court may be deemed just; or the chancellor, in his
discretion, may, in the cases aforesaid, order commission to issue for
the
plaintiff to examine witnesses to prove the allegations in his bill or
petition,
or the chancellor may examine the plaintiff on oath upon interrogatories,
to ascertain the allegations in his bill or petition, and such decree
shall be made in either case as the chancellor shall think just. |
Defendants
refusing to appear,
&c.
shall stand
committed,
&c. |
XXI. And be
it enacted, That every defendant appearing at the return
court of the subœna, shall file a good and sufficient answer to the
bill or
petition exhibited against him with the register in chancery, on or before
the fourth day of the court next following the sad return court; and
if the defendant (not having further time granted by the court to file
an |
Defendants
appearing,
shall file an answer,
&c. |
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