If either party neglects or refuses to appear before the auditor, or to render an account, or to produce such books and papers, and to answer, on oath, such interrogatories, relating to the matter in controversy, as may be pertinent and material, the auditor may certify the fact to the court.
RSA 519:5
RS 189:6. CS 202:6. GS 212:5. GL 231:5. PS 227:5. PL 339 :5. RL 395:5.