CHANCERY 547

As to amendment upon the death of parties, see see. 230.

As to setting for hearing the question of the want of proper parties, and in case the
plaintiff fails so to do, his not being entitled to amend as of course, see sec. 206.

As to amendments at law, see art. 75, sec. 39, et seq.

Re amendment of proceedings to enforce mechanic's liens, see art. 63, sec. 32.

This section and rule 17 give court very wide discretion in allowing or refusing
amendments before final decree, but where amendment involves new party, he should
have same right of review as original party. Buckner v. Jones, 157 Md. 247.

An appeal does not lie from order sustaining demurrer to bill of complaint for relief
by way of injunction, with leave to plaintiff to amend within prescribed time, when
plaintiff does not amend but takes appeal after expiration of prescribed time, without
decree of court dismissing bill of complaint. Mass v. Mass, 165 Md. 344.

There is no appeal from the refusal of the Court to allow amendment. Engle v.
Fidelity & Guaranty Co., 175 Md. 185.

Cited but not construed in Kiser v. Lucas, 170 Md. 495.

An. Code, 1924, sec. 18. 1912, sec. 18. 1904, sec. 17. 1888, sec. 17. 1841, ch. 315.

19. In any suit in chancery where any of the parties are under age,
femes covert, of unsound mind or non-residents, the proceedings may be
amended by making new parties or otherwise, and it shall not be necessary
to have any new pleadings or proofs in such cases of amendment, unless the
court shall deem such new pleadings and proofs necessary to promote the
ends of justice, or unless such new party desires to plead or objects to the
proof.

See see. 300.

Auditor.

An. Code, 1924, sec. 19. 1912, sec. 19. 1904, sec. 18. 1888, sec. 18. 1814,.ch. 94, sec. 4.
1870, ch. 74. 1875, ch. 72, sec. 17.

20. Every judge of a court of equity may appoint, during his pleasure,
a person of integrity, judgment and skill in accounts, to be auditor for the
court of which he is judge, who shall, before he enters upon the duties of
his appointment, take an oath, to be administered by the judge making the
appointment, well and faithfully to execute the duties of his office, without
favor, affection, partiality or prejudice; and all accounts to be stated,
audited, or settled by such court, shall be referred for such purpose to the
auditor, who shall have power to administer oaths to all witnesses and per-
sons proper to be examined upon such accounts, and shall audit, state and
settle such accounts agreeably to the order of the court, and shall return
the same to the court to be done with as the court shall think just; and in
all cases where the regular auditor of any circuit court of this State may be
interested in any cause, or connected therewith as counsel, or in case of
sickness, or absence of such auditor, or for other cause existing where it
may not be proper for such auditor to act, it shall and may be lawful for
the said court, or the judges or judge thereof holding the same to appoint
by order of a special auditor, to whom references shall be made instead
of the regular auditor; and the powers, duties and compensation of such
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 accounting
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