796 COURTS. [ART. 26

The county commissioners have nothing to do with the amount of the fee,
and have no discretion as to paying it, provided it does not exceed one
hundred dollars. Worcester County v. Melvin, 89 Md. 40.

See notes to sec. 7.

Appointment of Auditors.

1904, art. 26, sec. 9. 1888, art. 26, sec. 9. 1860, art. 29, sec. 9. 1785, ch .80, sec. 12.

1888, ch. 447.

9. In all actions brought in any court founded on account, or on
which it may be necessary to examine and determine on accounts
between the parties, the court may order the accounts and dealings
between the parties to be audited and stated by an auditor or auditors
to be appointed by such court, and there shall be the same proceedings
thereon as in courts of equity upon bills for an account, reserving to
the parties, however, the right to a jury trial if demanded.

The proceedings before the auditor must be the same as in actions of
account after Judgment quod computet, is rendered. The defendant may
plead; issues may be Joined or demurrers may be filed, which must be certi-
fied to the court. Issues of fact must be passed upon by the Jury, matters of
law, by the court. While the auditor may examine the parties, he has no
authority to examine other witnesses. This section held to have been mis-
construed and misapplied. Wisner v. Wilhelm, 48 Md. 10 (decided prior to
the act of 188S, ch. 447). See also, Mantz v. Coiling, 4 H. & McH. 65.

Appointment of Surveyor.

Ibid. sec. 10. 1S88, art. 26, sec. 10. 1860, art. 29, sec. 10. 1827, ch. 44, sec. 1.

1900, ch. 581

10. In any case pending in any court where it is necessary to lay
out and locate any lands and where, upon the application of either
party to such suit, the court shall be of opinion that the county surveyor
is in any manner interested or prejudiced against either of the parties,
or is incapacitated by reason of ill-health or from any other cause to
perform his official duties in connection with the case then pending, or
if either of the parties shall make oath that he believes the county
surveyor is interested or prejudiced, or otherwise by affidavit satisfy
the court that the county surveyor is not a suitable person to lay out
and locate the lands in dispute, the court may appoint some competent
person to lay out, locate or survey said lands and plat the same.
See art. 91, "Surveyor," etc.

Ibid. sec. 11. 1888, art. 26, sec. 11. 1860, art. 29, sec. 11. 1827, ch. 44, sec. 2.

11. The person so appointed; before he proceeds to act, shall take
an oath before some justice of the peace that he will faithfully, without
favor, affection or prejudice, perform the service for which he was
appointed by the court; which oath shall be certified by the justice
and shall accompany such return as the surveyor shall make to the
court in the case.

Ibid. sec. 12. 1888, art. 26, sec. 12. 1860, art. 29, sec. 12. 1827, ch. 44, sec. 1.

12. The person so appointed shall receive such fees as are allowed
by law to the county surveyor for like services.
See art. 36, sec. 30.