546

ATTORNEYS AND OTHER OFFICERS OF COURTS. [ART. 59.

Fees.

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 causc.

AUDITORS AT LAW.

Art 29, s 9
1785, c 80, s 12
Appointment o]
auditors
4 H. & McH 65

10. In all actions brought in any court, founded on account, or in
r 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 audi-
tors, to be appointed by such court, and there shall be the same pro-
ceedings thereon as in cases of actions of account.

SPECIAL SURVEYORS.

Art 29, s 10.
1827, c 44, s 1
Appointment of
surveyor

20. In any case pending in any court where it is necessary to lay
out and locate any lands 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 par-
ties, or if either of the parties shall make oath that he believes the
county surveyor is interested or prejudiced, the court may appoint
some competent person to lay out, locate, or survey said lands.

Id s 11
1827, c. 44, s. 2.
Oath

21. 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 casc.

Id s 12
1627, c 44, s 1.
Fees.

22. The person so appointed shall receive such fees as are al-
lowed by law to the county surveyor for like services.

COMMISSIONERS TO TAKE TESTIMONY IN EQUITY.

Art 16, s 141
1826, c 222, s 1
Commissioners
In equity
40 Md 212.

2 3, All commissions which shall be issued to take testimony in
causes pending in any court of equity in this State shall be issued
and directed to two persons to be named and appointed by the said
court, or the judge thereof.

COMMISSIONERS TO TAKE TESTIMONY AT LAW.

Art. 37, s. 16.
1828, c 165,s 1.
Commissioners
at law
35 Md 531.

24. Each of the Circuit Courts, or the judges thereof, shall ap-
point not more than three commissioners for the county in which
such court is held, and each of the courts of civil jurisdiction in the
city of Baltimore shall appoint two commissioners to take the dep-
osition of witnesses, on such notice to the opposite party and in
such manner as the court shall prescribc.

Id s 17
1828, c 165, s 5
Oath of com-
missioner

25, Every commissioner so appointed, before he proceeds to act
as such, shall take an oath before some judge or justice that he will
faithfully, and impartially, execute the duties of commissioner afore-
said, according to the best of his judgment, a certificate of which
oath shall be recorded among the records of the court by which such
commissioner is appointed.