77.

The master shall regulate all the proceedings in every hearing before him, upon every such reference; and he shall have full authority to examine the parties in the cause upon oath, touching all matters contained in the reference; and also to require the production of all books, papers, writings, vouchers, and other documents, applicable thereto; and also to examine, on oath, viva voce, all witnesses produced by the parties before him, and to order the examination of other witnesses to be taken, under a commission to be issued upon his certificate, from the clerk's office, or by deposition, according to the Acts of Congress, or otherwise, as hereinafter provided; and also to direct the mode in which the matters requiring evidence shall be proved before him; and generally to do all other acts, and direct all other inquiries and proceedings in the matters before him, which he may deem necessary and proper to the justice and merits thereof, and the rights of the parties.

78.

Witnesses who live within the district, may, upon due notice to the opposite party, be summoned to appear before the commissioner appointed to take testimony, or before a master or examiner appointed in any cause, by subpoena in the usual form, which may be issued by the clerk in blank, and filled up by the party praying the same, or by the commissioner, master, or examiner, requiring the attendance of the witnesses at the time and place specified, who shall be allowed for attendance the same compensation as for attendance in Court; and if any witness shall refuse to appear, or to give evidence, it shall be deemed a contempt of the Court, which being certified to the clerk's office by a commissioner, master, or examiner, an attachment may issue thereupon, by order of the Court, or of any judge thereof, in the same manner as if the contempt were for not attend

ing, or for refusing to give testimony in the Court. But nothing herein contained shall prevent the examination of witnesses viva voce, when produced in open Court, if the Court shall, in its discretion, deem it advisable.

79.

All parties accounting before a master, shall bring in their respective accounts in the form of debtor and creditor; and any of the other parties, who shall not be satisfied. with the accounts so brought in, shall be at liberty to examine the accounting party viva voce, or upon interrogatories, in the master's office, or by deposition, as the master shall direct.

80.

All affidavits, depositions, and documents, which have been previously made, read, or used in the Court, upon any proceeding in any cause or matter, may be used before the

master.

81.

The master shall be at liberty to examine any creditors or other person coming in to claim before him, either upon written interrogatories, or viva voce, or in both modes, as the nature of the case may appear to him to require. The evidence upon such examination shall be taken down by the master, or by some other person by his order, and in his presence, if either party requires it, in order that the same may be used by the Court, if necessary.

82.

The Circuit Courts may appoint standing masters in chancery in their respective districts, both the judges concurring in the appointment; and they may also appoint a master pro hac vice in any particular case. The compensation to be allowed to every master in chancery for his services, in any particular case, shall be fixed by the Cir

cuit Court in its discretion, having regard to all the circumstances thereof; and the compensation shall be charged upon and borne by such of the parties in the cause as the Court shall direct. The master shall not retain his report as security for his compensation; but when the compensation is allowed by the Court, he shall be entitled to an attachment for the amount against the party, who is ordered to pay the same, if, upon notice thereof, he does not pay it within the time prescribed by the Court.

EXCEPTIONS TO MASTER'S REPORT.

83.

The master, as soon as his report is ready, shall return the same into the clerk's office, and the day of the return shall be entered by the clerk in the order book. The parties shall have one month from the time of filing the report, to file exceptions thereto; and if no exceptions are within that period filed by either party, the report shall stand confirmed on the next rule day after the month is expired. If exceptions are filed, they shall stand for hearing before the Court, if the Court is then in session, or if not, then at the next sitting of the Court which shall be held thereafter by adjournment or otherwise.

84.

And in order to prevent exceptions to reports, for being filed for frivolous causes, or for mere delay, the party whose exceptions are overruled, shall for every exception overruled pay costs to the party, and for every exception allowed shall be entitled to costs-the costs to be fixed in each case by the Court, by a standing rule of the Circuit Court.