ART. 16] WITNESSES AND TESTIMONT. 443

1904, art. 16, sec. 237. 1888, art 16, sec. 219. Rule 39.

255. In all examinations, whether conducted by written interroga-
tories or viva voce, at the conclusion of the examination by the parties,
the examiner shall put to the witness an interrogatory in the following
form: "Do you know, or can you state, any other matter or thing
which may be of benefit or advantage to the parties to this cause, or
either of them, or that may be material to the subject of this your
examination, or the matters in question between the parties ? If yea,
state the same fully and at large in your answer." And the examiner
shall write down the answer to said interrogatory as part of the deposi-
tion of the witness.

Ibid. sec. 238. 1888, art. 16, sec. 220. Rule 40.

256. In all cases the testimony shall be written down in the lan-
guage of, and as delivered by, the witness, and when completed shall
be read over to the witness, and be signed by him in the presence of the
parties or their solicitors, or such of them as may attend; but if the
witness, for any cause, may not be able to sign the same, or shall for
any reason refuse so to do, the examiner shall sign the deposition, stat-
ing the reason why the witness has not signed the same; and the exami-
ner may, upon all examinations, state any special matters to the court
that he may deem proper, to enable the court the better to understand
the evidence. Any question or questions that may be objected to by
either of the parties shall be noted by the examiner upon the deposi-
tion; but he shall not have power to decide on the competency, material-
ity or relevancy of any question proposed or evidence elicited, nor as
to the competency or privilege of any witness offered. All questions of
privilege raised, or demurrer interposed, by any witness, to questions
propounded shall be at once reported by the examiner to the court or
judge thereof for decision, and the court or judge shall hear and deter-
mine the same without delay; and in such cases the court may award
costs as justice may appear to require; and in all cases the court shall
have full power to deal with and to direct the payment of the cost of
incompetent, immaterial or irrelevant evidence, or any part thereof, as-
justice may require, apart from the general costs of the case.

This section has no application to proceedings in the orphans' court. Gantt
v. Trott, 107 Md. 327.

Ibid. sec. 239. 1888, art. 30. sec. 221. Rule 41.

257. So soon as the examination of witnesses before the examiner
shall be concluded, the original depositions, with all vouchers, docu-
ments or other papers filed with the examiner as evidence, shall be put
together in proper order and form, so as to be convenient for reference
and use, and be authenticated by certificate and signature of the
examiner, and by him enclosed, with the titling of the cause endorsed
thereon, and filed with the clerk of the court, without delay.

Ibid. sec. 240. 1888. art. 16. sec. 222. Rule 42.

258. Testimony shall be taken without any unnecessary delay, and
it shall be the duty of the examiner to avoid such delay as far as possi-