If a commission be called up by the Clerk and Master, the party may not strike out the name of the commissioner, to insert another.
THE complainant's solicitor objected to the answer being read ; on the ground that it was not sworn before John Bolton, the person to whom the Clerk and Master had directed the commission, but before William Devereux, whose name had been inserted instead of that of John Bolton, which had been struck out.
F. X. Martin for the Complainant,
Stanly for the Defendant.
By
the Court.
If a commission be taken out in blank, the party may fill it up, and afterwards, if occasion requires it, strike out the commissioner’s name; but if the Clerk fills up the commission, his act is that of the Court, and the party may not strike out the name of the commissioner, and insert another.
Answer set aside.