CHANCERY. 543

of said examiners while in the discharge of their duties shall he reported
by the examiners, together with the facts of the case, to the court; and
upon hearing, the court, if satisfied of the facts as reported, and that the
party was guilty of the matter charged, shall punish the party so offending.
Such examiners shall be entitled to receive four dollars per day, for each
and every 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 ex-
aminers, 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. 86.

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

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

An. Code, sec. 253. 1904, sec. 235. 1888, sec. 217. Rule 35.

270. Whenever any cause is at issue involving matter of fact, or when-
ever any evidence is required to be taken, to be used in any proceeding
in equity, it shall be competent to the party desiring to take evidence 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,
provided that for the taking of testimony in divorce cases leave shall first
be obtained from the court or a Judge thereof. 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 examined; and their attendance and duty to
testify may be enforced by attachment, to be issued and returned as pro-
vided in section 287.*

An. Code, sec. 254. 1904, sec. 236. 1888, sec. 218. Rule 36.

271. All examinations of witnesses before the examiners shall be con-
ducted 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 in-
terrogatories filed with the examiner, to be by him propounded to the wit-
nesses, 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. By agreement of the par-
ties or by order of Court, in its discretion, the testimony may be taken in

1 Thus amended by equity rules 35 and 36, November 21, 1919, adopted by the court
of appeals in accordance with sec. 18 of art. 4 of the Constitution.