Research

Administrative History

Either the complainant or defendant in a Chancery suit could apply to an officer of the court for an order directing an Examiner in Chancery or a special commissioner to take testimony from witnesses. The application was made to the Chancellor, Circuit Judge (1823-1829), Vice-Chancellor (1830-1847), Register, Assistant Register, or Clerk. A commissioner was appointed when the witness resided more than twenty miles from an Examiner in Chancery, or resided out-of-state. The depositions taken from witnesses and exhibits obtained by the Examiner or commissioner were returned to the Register, Assistant Register, or Clerk, as appropriate.