442 ARTICLE 16.

special auditor shall be in all respects the same as those of the regular
auditor of said court, and such special auditor shall in all cases, before act-
ing as such, take the oath prescribed to be taken by the regular auditor.

As the special auditor to whom a case has been referred was' fully authorized by
this and the following sections to conduct an investigation looking to an account-
ing by the trustee, including the examination of witnesses and the enforcement
of the production of documentary evidence, and as the right of the petitioner and
others interested to have such action is similarly secured, and not questioned, an
order of court to accomplish such object is superfluous. Morris v. Bright, 126
Md. 289.

Where the decree directs a special auditor to take the oath before proceeding to
act, it must appear in his report that he took the oath accordingly. 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 chancellor. Scope of an
auditor's duties. Towshend v. Duncan, 2 Bl. 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; 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.

An. Code, sec. 20. 1904, sec. 19. 1888, sec. 19. 1785, 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.

An. Code, sec. 21. 1904, sec. 20. 1888, sec. 20. Rule 51.

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 reasonable
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.
See notes to sec. 19.

An. Code, sec. 22. 1904, sec. 21. 1888, sec. 21. Rule 52.

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