
    Hollister v. Spafford.
    In general, a reference will not be ordered, adversely, to take the examination of parties brought before a justice of the court, on proceedings supplementary to an execution.
    Where the parties agree to a reference, it will he ordered of course. And the’ matter will be referred, where it is apparent that it will be a protracted investí' gation, and the examinants are attended by counsel.
    May 31, 1851.
    This was a proceeding supplementary to the execution, in which, on advisement with all the justices of the court, it was deemed proper to announce the course of practice pursued in this court.
   Campbell, J.

The practice we have adopted, when judgment debtors, or persons alleged to have their property, are brought up for examination, on an order of one of the justices, is now stated, that it may be more fully understood.

As a general rule, we will not order a reference for this purpose, against the wishes of either party. The examination must proceed at the chambers of the court, where the justice in attendance at chambers, or holding the special term, can see that no injustice is done to examinants attending without counsel, and can dispose of the legal questions arising, to the great saving of trouble and expense to the parties.

As such examinations are usually conducted, his actual attention to them will he required only occasionally, and they will not interfere materially with his other duties.

Wherever the parties agree to a reference, it will be ordered of course. So, when it becomes apparent that a difficult or protracted investigation must ensue, and the examinants have counsel, a reference will he directed.  