
    Read’s Executor v. Winston et al.
    September Term, 1809.
    Commissioners — Vouchers — Objection to — Where Made. — Objections for want of proof of any voucher, on which a Commissioner founds an item in his account, must generally be made before the Commissioner himself; in which case, if such proof be not supplied, it may be called for at the hearing; but in no other instance, unless for good cause shewn, and upon one month’s previous notice.
    This was a motion to dissolve the injunction, in this case, upon the coming in of the account which had been directed, and to which there were exceptions now put in for the first time; and the vouchers which had been exhibited before the Commissioners. were called for.
    
      
       See monographicMoieon" Commissioners in Chancery” appended to Whitehead v. Whitehead, 23 Gratt. 376.
    
   *By the Chancellor.

This practice (which has been but lately introduced) of calling for the vouchers of a party, and of putting him to the proof of them upon the trial, I perceive will lead to very great inconvenience if suffered to continue; and, therefore, it must be distinctly understood, that it cannot be allowed any longer, unless, where the objection, for the want of proof of any voucher, is made before the Commissioner, and not supplied before he makes out his report. In all such cases, proof of such vouchers, within the rule of Court, may be called for upon the trial; but in no other instance, unless for good cause shewn, and upon one month’s previous notice thereof to the party, or his agent, or attorney in fact.

Injunction dissolved.  