ART. 16] AUDITOR. 349

of the regular auditor of said court, and such special auditor shall in
all cases, before acting as such, take the oath prescribed to be taken by
the regular auditor.

'Where the decree directs a special auditor to take the oath before pro-
ceeding to act, it must appear in his report that he took the oath accord-
ingly. Walker v. House. 4 Md. Ch. 40.

There is nothing in this section which withholds from the auditor any
other authority which necessarily or properly belongs to his office, or which
abrogates powers or duties assigned to masters in chancery or commissioners
This section is only an affirmance of the pre-existing powers of the chan-
cellor. Scope of an auditor's duties. Towshend v. Duncan. 2 Bi. 45; Robinson

v. Townshend, 3 G. & J. 418.

The auditor is a ministerial officer of the court; character and nature of
his duties. His fees are part of the costs, and payment may be enforced as
such. Dorsey v. Hammond, 1 Bl. 463. And see Winder v. Diffenderffer, 2
Bl. 166.

The auditor may summons witnesses, and the court will compel their
attendance. Hammond v. Hammond, 2 Bl. 306.

1904. art. 10, sec. 19. 1888, art. 16, sec. 19. 1800, art. 16. sec. 19.
1783, ch. 72, sec. 17. 1840. ch. 109. sec. 7.

20. The auditor shall be allowed four dollars and fifty cents per
day for every day he shall be reasonably employed in stating, auditing
and settling any account, to be paid by the party desiring such accounts
to be stated, audited and settled, and taxed in the bill of costs of the
party for whom the decree may pass in the cause.

In a creditors' suit, the expense of the auditor's account is in general
borne by the estate. Simmons v. Tongue, 3 Bl. 360.
See notes to sec. 19.

Ibid. sec. 20. 1888, art. 16, sec. 20. Rule 53.

21. Whenever a reference of any matter is made to the auditor for
examination and report thereof, or for the statement of an account, the
party at whose instance the reference is made, shall, within a reason-
able time, and without any unnecessary delay, cause the matter of
reference to be laid before the auditor for his action; and if such party
shall omit to do so, any other party interested in the subject-matter of
the reference shall be at liberty to cause the matter to be laid before the
auditor, who shall proceed therein without delay.

Ibid. sec. 21. 1888. art. 16. sec. 21. Rule 54.

22. Upon every such reference it shall be the duty of the auditor,
as soon as he reasonably can, after the matter of the reference is
brought before him, if evidence is to be produced, or vouchers filed, to
assign a time and place for proceeding in the matter, and to give notice
thereof to the parties or their solicitors; and if either party shall fail
to attend at the time and place appointed, the auditor shall be at liberty
to proceed in the absence of such party, or, in his discretion, to adjourn
the examination and proceeding to a future day, giving notice thereof
to the parties or their solicitors, but noting all the cost that may attend'

*No attempt is here made to annotate the cases bearing upon the statement and:
ratification of auditor's reports and accounts—see Brantly's Digest.