,548 ARTICLE 16

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. Townshend
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.

Distribution by receiver of building association should not be approved without
order of court auditor. Mendelis v. Building & Loan Assn., 168 Md. 488.

An. Code, 1924, sec. 20. 1912, sec. 20. 1904, sec. 19. 1888, sec. 19. 1785, ch. 72, sec. 17.

1840, ch. 109, sec. 7.

21. 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. 20.

' An. Code, 1924, sec. 21. 1912, sec. 21. 1904, sec. 20. 1888, sec. 20. Rule 51.

22. 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, 20.

An. Code, 1924, sec. 22. 1912, sec...22. 1904, sec. 21. 1888, sec. 21. Rule 52.

23. 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
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. 20.

"An. Code, 1924, sec. 23. 1912, sec. 23. 1904, sec. 22. 1888, sec. 22. Rule 53.

24. 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-