442 CHANCERY. [ART. 16

day actually employed; to be paid by the party at whose instance the
service may have been rendered. And it shall be the duty of such
examiners, in making their returns to the court, in each case, to certify
the time that they have been actually employed, and at whose instance,
and the amount taxable to each party for services rendered.
As to testimony in injunction cases, see sec. 83.

As to commissions to take testimony outside of Maryland, see art. 35,
sections 16, 17 and 18 and notes.

As to commissions at law to take testimony in this state, see art 35, sec
19, et seq.

1904, art. 16, sec. 235. 1888, art. 16, sec. 217. Rule 37.

253. Whenever any cause is at issue involving matter of fact, or
whenever any evidence is required to be taken, to be used in any pro-
ceeding in equity, it shall be competent to the party desiring to take
evidence, by leave of the court or judge thereof, to notify one of the
regular examiners, or any special examiner that may be appointed, of
such desire, and to furnish him with the titling of the cause and the
names of witnesses to be summoned to testify; and the examiners so
applied to shall fix some reasonable day or days for the examination of
witnesses, and the taking of evidence, of which he shall give due notice
to the parties concerned, or those entitled to receive such notice, as if
he were proceeding under a commission to take testimony, under former
practice. He shall issue subpoenas for witnesses for either party, except
where he is required to proceed ex parte; and he shall cause to come
before him all witnesses subpoenaed, at the time appointed to be exam-
ined; and their attendance and duty to testify may be enforced by
attachment, to be issued and returned as provided in section 268.

Ibid. sec. 236. 1888, art. 16, sec. 218. Rule 38.

254. All examinations of witnesses before the examiners shall be
conducted in the presence of the parties, or their solicitors, if they think
proper to be present; and the mode of examination shall be either by
written interrogatories filed with the examiner, to be by him pro-
pounded to the witnesses, and the answers thereto written down by
him, as has heretofore been the practice of commissioners in taking
testimony; or the witnesses may be examined by the parties, or their
solicitors, viva voce; and in such case, the answers of the witnesses
shall be reduced to writing by the examiner, and the questions also, if
necessary to the understanding of the answers of the witness, or if it
be required by either party. The testimony produced by both parties
shall be taken before the same examiner, unless, for special reasons, it
be otherwise directed by the court or judge thereof, and all viva voce
examinations shall, as near as' may be, be conducted in the manner and
order of the examination of witnesses in the trials of fact in the courts
of common law. The defendant shall not be compelled to proceed with
the taking of his testimony until the plaintiff has finished or declared
he has none to take; nor shall the plaintiff be compelled to proceed with
the rebutting testimony until the defendant has completed the testi-
mony on his part.