CHANCERY. 545

An. Code, sec. 257: 1904, sec. 239. 1888, sec. 221. Rule 39.

274. So soon as the examination of witnesses before the examiner shall
be concluded, the original depositions, with all vouchers, documents, 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; he shall also return properly authenti-
cated all other exhibits filed with him as evidence.1

An. Code, sec. 258. 1904, sec. 240. 1888, sec. 222. Rule 40.

275. Testimony shall be taken without any unnecessary delay, and
it shall be the duty of the examiner to avoid such delay as far as possible.
After the lapse of a reasonable time for the taking of testimony, either
party may obtain a rule on the adverse party to close the taking of his
testimony within such reasonable time after notice of such rule as may be
deemed proper; and any testimony taken after the lapse of that time shall
not be read in evidence at the hearing of the cause. But it shall be in the
discretion of the court to enlarge the time, on application of the party
against whom such rule may have been obtained, upon sufficient cause
shown.

See notes to sec. 276.

An. Code, sec. 259. 1904, sec. 241. 1888, sec. 223. Rule 41.

276...Evidence taken and returned shall be opened by the clerk, and
shall remain in court ten days, subject to exception, before the cause shall
be taken up for hearing unless by agreement of the parties, such time be
waived; but after the expiration of that time the cause shall stand for hear-
ing, unless some sufficient cause be shown to the contrary. This section not
to apply to interlocutory applications.

Where exceptions are filed five days after a decree was passed but were not
acted upon by the lower court, neither this section nor the decisions of the court
of appeals are complied with. Nalle v. Safe Deposit. & Tr. Co., 120 Md. 196.

An exception should be noted at the time testimony is taken to the evidence
deemed inadmissible; no reason need be stated unless the objection is to the ques-
tion as leading. While the testimony is lying in court under this section, written
exceptions to such inadmissible evidence should be filed, clearly indicating the
testimony excepted to, and the ground on which the exception is based. Gerting v.
Wells, 103 Md. 638; Freeny v. Freeny, 80 Md. 409.

The fact that testimony has not lain in court .for ten days, is waived by con-
senting to a hearing; such objection should be made when the case is taken up.
Clark v. Callahan, 105 Md. 610.

This section does not apply to interlocutory applications, where no evidence has
been taken, and a party is in default. Moody v. Moorman, 107 Md. 243.

This section has no application where after a regular hearing, the case is re-
manded to an examiner solely for the purpose of enabling the plaintiffs to offer
additional proof of their claims. Chatterton v. Mason, 86 Md. 244.

An. Code, sec. 260. 1904, sec. 242. 1888, sec. 224. Rule 44.

277. The examination of witnesses de bene esse or for the perpetua-
tion of their testimony, when by law allowed, may be had before an ex-
aminer, in the mode and form as prescribed in sections 271, 272, 273 and
274; and if no good objection be made to such testimony in twelve months
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