176 CHANCERY. [ART. 16

1904, art. 16, sec. 243. 1888, art. 16, sec. 225. Rule 45. 1890, ch. 86.
1896, ch. 35. 1914, ch. 377.

261. The Court shall, on application of a party in interest, or may,
of its own motion, order that instead of the mode of taking testimony as
provided in the aforegoing sections, the testimony shall be taken orally
in open Court before the judge or judges thereof in the same manner
and under the same rules as testimony is now taken in actions ait law, as
to all or any of the facts or matters relevant in the cause or proceeding;
and the evidence so taken shall be written down as delivered by the wit-
nesses by such person and in such manner as the Court may have by
order or general rule directed, and when so written down shall, with
such documentary proof as shall have been with it offered and admitted,
be filed as part of the proceedings.

See article 5, sections 34 and 35.

See notes to this section (as it stood in 1911) in volume 1 of the Anno-
tated Code.

1914, ch. 377.

261A. Testimony produced under the aforegoing section shall be
taken in the same manner and under the same rules as testimony is
taken in actions at law in Courts of general jurisdiction in this State,
and no evidence to which objection has been made and sustained by the
Court shall be taken down or inserted in the record, but the party
offering such testimony may accompany the offer of the same with a
statement of the facts proposed to be shown in connection therewith,
and such statement shall be considered by the Court in connection with
the question objected to, and the Court of Appeals, upon appeal from
any final order in the case, shall consider and determine, upon the
record, all objections to testimony taken and reserved during the prog-
ress of the cause, and no bills of ; exception shall be required.
See article 5, sections 34 and 35.

1914, ch. 377.

261B. Whenever a case has already been before the Court of
Appeals, it shall not be necessary, upon any subsequent appeal, to copy
into the transcript of the record any other proceedings than those occur-
ring in the Court below, subsequent to the preceding appeal; but the
record of the proceedings in the previous appeal shall be taken and con-
sidered as part of the record in the subsequent appeal the same as though
actually copied therein.

See article 5, sections 34, 35 and 43.