Accounts to be taken in any case shall be referred to a commissioner appointed under the provisions of sections one and two, article five, chapter fifty-one of this code, to be named in the decree or order unless the parties interested agree, or the court shall deem it proper, that they be referred to some other person especially appointed a commissioner. Every commissioner shall examine and report upon such accounts and matters as may be referred to him by the court and such report may be recommitted to such commissioner, or to some other commissioner, for other and final report.
The court in any decree or order of reference may authorize and empower the commissioner, to whom such cause or action is referred, to take proof and hear testimony touching the matters referred to him in any county within this state; and, for such purpose when so authorized, the jurisdiction and authority of such commissioner shall extend throughout the state.
Whenever the commissioner to whom any such cause or action was referred has made up and filed his report, and there appears therefrom or from the evidence filed therewith, or from the pleadings and evidence of the whole case, sufficient facts upon which the court can decree or enter judgment, the same shall not be recommitted for further report, but a decree or judgment shall be entered therein, according to the law and the very right of the case as disclosed from the whole record.
Structure West Virginia Code
Chapter 56. Pleading and Practice
Article 7. Procedure on Orders of Reference
§56-7-2. Order of Reference Before Case on Docket
§56-7-3. Notice by Commissioner
§56-7-4. Instruction of Commissioner by Judge
§56-7-5. When Account to Be Taken
§56-7-6. Proof of Debt Before Commissioner by Affidavit; Counter Affidavit
§56-7-7. Adjournment of Hearing; Notice of Completion of Report; Exceptions
§56-7-8. Contents of Commissioner's Report