ART. 16.] CHANCERY. 101

139. The bond of every trustee appointed by the court, and
the bonds of trustees who are ordered by the court to give bond,
shall be filed with the clerk of such court and recorded.

TESTIMONY AND WITNESSES.

140. A commission shall issue to perpetuate testimony, on a
bill for that purpose, before any appearance of the party de-
fendant, to such two persons, in the usual manner, as the court
may approve, and on return of said commission, if no good ob-
jection be made thereto in twelve months from the time of such
return, the court shall order the same to be recorded in perpetual
memory.

141. All commissions which shall be issued to take testimony
in causes pending in any court of equity of this State, shall be
issued and directed to two persons to be named and appointed
by the said court, or the judge thereof.

142. A commission to take testimony may, in any case in
equity, issue to one person, with the consent of the parties.

143. Where a commission to take testimony in chancery shall
issue to two commissioners named and appointed by the court
or. judge, either one of said commissioners may execute such
commission.

144. With a view to the speedy execution and return of com-
missions to take testimony, the court, or any judge thereof, shall
prescribe such rules as the nature of the case may require. Bach
commissioner to take testimony shall be allowed four dollars per
diem for every day he shall actually serve in the execution of
such commission, to be paid by the parties, according to the time
that such commissioner serves in taking the testimony of such
parties respectively, and to be taxed as part of the costs of the
suit; and the clerk to any commissioner to take testimony shall
be allowed two dollars and fifty cents per diem, to be paid as the
per diem to the commissioner is directed to be paid, and to be
taxed as aforesaid.

145. A witness attending such commissioner under a summons
by him issued, or at the request of either of the parties, shall be
allowed seventy-five cents per day for every day's attendance,
and itinerant charges, to be ascertained by the commissioner,