546 ARTICLE 16.

from the time of the return to court thereof, the court shall order the same
to be recorded in perpetual memory.

As to testimony de bene ease at law, see art. 35, sec. 21, et seq. .

An. Code, sec. 261. 1904, sec. 243. 1888, sec. 225. 1890, ch. 86. 1896, ch. 35. 1914, ch. 377.

278. 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 at 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 witnesses 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.

If an appeal is proposed to be taken, the proper practice under this section is
either to file written exceptions, as is done when testimony is taken before an
examiner, or the rulings should be presented by a bill of exceptions or certificate.
The mere stenographic record that a question, was objected to, ruled inadmissible,
and exception noted, is not sufficient. Lemmert v. Lemmert, 103 Md. 65.

The court may by special rule or general order direct that when testimony is
upon objection ruled inadmissible, it shall only be incorporated in the record upon
appeal at the request and expense of the party propounding the questions. Proper
and improper practice under this section. Rules governing the production of evi-
dence in equity. Schnepfe v. Schnepfe, 108 Md. 146.

Case heard on bill, answers, exhibits and testimony taken in open court under
this section. Wagner v. Ruhl, 134 Md. 19.
See art. 5, secs. 38 and 39.

An. Code, sec. 261A. 1914, ch. 377.

279. 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 evi-
dence 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 testi-
mony 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 con-
sider and determine, upon the record, all objections to testimony taken and
reserved during the progress of the cause, and no bills of exception shall
be required.

See art. 5, secs. 38 and 39.

An. Code, sec. 261B. 1914, ch. 377.

280. Whenever a case has already been before the Court of Appeals,
it shall not be necessary, upon any subsequent appeal, to copy into the tran-
script of the record any other proceedings than those occurring in the Court
below, subsequent to the preceding appeal; but the record of the proceedings
in the previous appeal shall be taken and considered as part of the record
in the subsequent appeal the same as though actually copied therein.
See art. 5, secs. 38, 39 and 47.