ART. 16] AUDITOR——BOOKS AND PAPERS. 381

1888, art. 16, sec. 22. 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 com-
pelled; 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.

Ibid sec. 23. 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 satis-
fied 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.

Books and Papers, Production of.

Ibid. sec. 24. 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
or suits in chancery, either for discovery or relief, to require
and decree that the parties shall produce either the original
books, writings or papers, or copies certified by a justice of
the peace, of all such parts of such books, writings or papers
in their possession or power as contain evidence pertinent to
the issue, or relative to the matters in dispute between the
parties, to be used as evidence at the trial of such cause; but