350 CHANCERY. [ART. 16

such adjournment, which shall be subject to the order and direction of
the court. It shall be the duty of the auditor to proceed wi'th all rea-
sonable diligence in every such reference, and with the least practica-
ble delay; and either party shall be at liberty to apply to the court or a
judge thereof for an order to the auditor to speed the proceedings before
him, and to make his report, and to certify to the court the reasons
for any delay that may have occurred.

1904, art. 16, sec. 22. 1S8S, art. 16, sec. 22. Rule 55.

23. The auditor shall regulate all the proceedings in every hearing
or examination before him; and in addition to his right and power to
examine the parties to the cause, and all witnesses produced by them,
or which they may cause to be summoned, on oath or affirmation touch-
ing the matters of the reference, he shall also have power and authority
to require the production of all books, papers, writings, vouchers and
other documents applicable thereto, where, by the principles and prac-
tice of courts of equity, the production of such writings may be com-
pelled; and if any party so liable to produce such books, papers, writ-
ings, vouchers or other documents, shall fail or refuse so to do, when
required by the auditor, such party shall, without delay, be reported
to the court by the auditor, with the facts of the case, that the proper
proceeding may be taken thereon, by way of attachment or otherwise,
as justice and the settled practice may require.

As to the production of books and papers, see sections 25 and 26.

Ibid. sec. 23. 1888. art. 16. sec. 23. Rule 56.

24. All parties accounting before the auditor shall produce their
respective accounts in the form of debtor and creditor; and any of the
other parties interested, who shall not be satisfied with the account so
produced, shall be at liberty to examine the accounting party, viva voce,
or, upon written interrogatories, before the auditor, who shall write
down and report the testimony, if required. And in all cases where
the auditor may be required to take testimony to be reported to the
court, he shall observe and pursue the same mode and form of exami-
nation, and writing down the testimony as that prescribed to be observed
by examiners.

As to the ratification nisi of auditors' accounts and reports by clerks of
the courts having jurisdiction, see art. 17. sec. 31.

Books and Papers, Production of.

Ibid. sec. 24. 1888, art. 16, sec. 24. 1860, art. 16, sec. 20. 1798. ch. 84.
25. The courts of equity shall have power and authority, on the
application of either party on the trial of any actions at law or suits in
chancery, either for discovery or relief, to require and decree that the
parties shall produce either the original books, writings or papers, or
copies certified by a justice of the peace, of all such parts of such books,
writings or papers in their possession or power as contain evidence