138 CHANCERY—AUDITOR—BOOKS. [ART. 16.

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.

Rule 55

22. 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 production of all
books, papers, writings, vouchers and other documents applicable
thereto, where, by the principles and practice of courts of equity,
the production 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 attachment or
otherwise, as justice and the settled practice may require.

Rule 56.

23. 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 testi-
mony, 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.

Books and Papers, Production of.

P. G. L., (1860,) art. 16, sec. 20. 1798, ch 84.

24. The courts of equity shall have power and authority, on,
the application of either party on the trial of any actions at law