term time, or a quorum of the Justices of the said Court in the vacation, the Court or Justices shall thereupon be authorized and empowered to examine him her or them upon Oath (or affirmation) as the case may require, as to such matter as shall be in issue or controversy, and to compel such defendant or defendants to answer thereto, either in writing or orally, before a Jury or the Auditors -----