CHANCERY. 443
and proceeding to a future day, giving notice thereof to the parties or their
solicitors, but noting all the cost that may attend such adjournment, which
shall be subject to the order and direction of the court. It shall be the
duty of the auditor to proceed with all reasonable diligence in every such
reference, and with the least practicable 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.
See notes to sec. 19.
An. Code, sec. 23. 1904, sec. 22. 1888, sec. 22. Rule 53.
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 touching the matters of
the reference, he shall also have power and authority to require the produc-
tion of all books, papers, writings, vouchers and other documents applicable
thereto, where, by the principles and practice of courts of equity, the pro-
duction of such writings may be compelled; .and if any party so liable to
produce such books, papers, writings, 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 attach-
ment or otherwise, as justice and the settled practice may require.
As to the production of books and papers, see secs. 26 and 27.
See notes to sec. 19.
An. Code, sec. 24. 1904, sec. 23. 1888, sec. 23. Rule 54.
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 examination, 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. 35.
See notes to sec. 19.
An. Code, sec. 24A, 1918, ch. 380.
25. In all reports and accounts hereafter stated by any Auditor, the
annual or other reports and accounts in the same cause or trust estate,
theretofore, under rule of Court, rendered by any trustee or other fiduciary
to any trust officer of said Court authorized to verify trust reports and
accounts, which have been passed upon and accepted by said trust officer,
or the said Court, shall be taken as evidence of the receipts, expenditures
and statements, therein contained, without further proof, unless by order
of Court further proof is required.
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