CHANCERY. 547

An. Code, sec. 262. 1904, sec. 244. 1888, sec. 226. Rule 42.

281. Upon any petition, motion, or other interlocutory application,
for the hearing and determination of which evidence may be required,
the court or judge thereof may order testimony to be taken before an
examiner, or before a justice of the peace, upon such notice, and in such
manner as the court or judge may think proper to direct, to be used at the
hearing of such matter.

An. Code, sec. 263. 1904, sec. 245. 1888, sec. 227. 1826, ch. 222, sec. 1.

282. All commissions which shall be issued to take testimony in causes
pending in any court of equity of this State shall be issued and directed
to two persons to be named and appointed by the said court, or the judge
thereof.

See notes to sec. 283.

As to the issue of commissions by the clerks of the courts having jurisdiction,
see art. 17, sec. 37.

An. Code, sec. 264. 1904, sec. 246. 1888, sec. 228. 1795, ch. 88, sec. 4. 1799, ch. 79, sec. 6.
1829, ch. 159. 1840, ch. 109, sec. 5. 1852, ch. 173, sec. 2.

283. A commission to take testimony may issue to one person with
consent of the parties.

If a defendant receives notice of name of plaintiff's commissioner, his neglect
to name another commissioner is a. waiver of his right to have two commissioners.
Billingslea v. Smith, 77 Md. 516; Sewell v. Gardner, 48 Md. 183.

Commissioners regularly appointed under this and the preceding section, ace for
this purpose as much ministerial officers of court as if they had been nominated
in a commission in ancient form. Winder v. Diffenderffer, 2 Bl. 196.

Held that 27th rule of court of common pleas of Baltimore city could not be
construed to contravene secs. 282, 283 and 284. Sewell v. Gardner, 48 Md. 182.

An. Code, sec. 265. 1904, sec. 247. 1888, sec. 229. 1841, ch. 22, sec. 6. 1842, ch. 229, sec. 6.

1878, ch. 202.

284. Where a commission to take testimony in chancery shall issue to
two commissioners, only one shall act on the same day, unless both are called
upon under a requisition of the parties; and the commissioner shall also
be required to act as clerk, without extra compensation, unless a clerk is
asked for by one of the parties contestant.

The execution of the commission by one of the commissioners, upheld under this
section. Purner v. Piercy, 40 Md. 219.
See notes to sec. 283.

An. Code, sec. 266. 1904, sec. 248. 1888, sec. 230, 1785, ch. 72, sec. 15. 1795, ch. 88, sec. 4.

1818, ch. 193, sec. 3.

285. With a view to the speedy execution and return of commissions
to take testimony, the court, or any judge thereof, shall prescribe such
rules as the nature of the case may require; each commissioner to take tes-
timony shall be allowed four dollars per diem for every day he shall actually
serve in the execution of such commission, to be paid by the parties, accord-
ing to the time that such commissioner serves in taking the testimony of
such parties respectively, and to be taxed as part of the costs of the suit;
and the clerk to any commissioner to take testimony shall be allowed two