ART. 16] WITNESSES AND TESTIMONY. 447

as the party applying for such attachment shall request, and such pro-
cess shall be directed to the sheriff or coroner of the county or Baltimore
city wherein the person to be attached resides; and after return is made,
such process may he renewed from term to term, as the case may
require; provided, that the party obtaining such process shall give
written notice to the opposite party, or his counsel, of the time of
the return thereof.

This section is to be regarded as a mere affirmance of the pre-existing
powers of the court. Maccubbin v. Matthews. 2 Bl. 253; Winder v. Diffen-
derffer, 2 Bl. 196.

This section gives a new and additional mode of compelling the attendance
of witnesses, in some respects not so clear or energetic as the old proceeding.
Winder v. Diffenderffer. 2 Bl. 190. And see Deale v. Estep, 3 Bl. 436.
See art. 35, sec. 8.

1904. art. 10, sec. 251. 188S. art. 10, sec. 233. 1860. art. 10, sec. 149.
1836, ch. 128, sec. 2.

269. In all cases where any of the defendants have appeared and
an order to take testimony before an examiner has issued, and there
are other defendants who are in default for not appearing or answering,
and against whom an order to take testimony ex parte might issue, it
shall not be necessary to pass such order, but the plaintiff may take all
his testimony before the examiner, and such testimony shall be as avail-
able against the defendants who are in default, as if the same was taken
under an ex parte order.

Under this section, a complainant has authority under the commission in
chief, to take all necessary testimony as well against defaulting as other
defendants, and the necessity of an ex parte commission is dispensed with.
Higglns v. Howitz. 9 Gill. 344.

Proof taken under an ex parte commission, cannot be read against defend-
ants who answered the original bill, though they fail to answer a bill of
reviver, and an interlocutory decree is passed against them. Kerr v. Martin.
4 Md. Cb. 343.

Testimony taken under a commission issued by consent of certain of the
defendants, cannot be read against other defendants. Kipp v. Hanna. 2 Bl
26; Clary v. Grimes, 12 G. & J. 31. Cf. Smith v. Baldwin, 4 H. & J. 331.
See sec. 18.

Ibid. sec. 252. 1888. art. 10. sec. 234. 1888, ch. 480.

270. The incorporation in this article of the rules prescribed by
the court of appeals shall not deprive the said court of the power to
rescind or modify any of said rules, or to pass additional rules, in their
discretion.