CHANCERY. 549

fendants who are in default, as if the same was taken under an ex parte
order.

Under this section, a complainant has authority under the commission in chief,
to take all necessary testimony as well against defaulting as other defendants, and
the necessity of an ex parte commission is dispensed with. Higgins v. Howitz,
9 Gill, 344.

Proof taken under ex parte commission, cannot be read against defendants who
answered original bill, though they fail to answer bill of revivor, and interlocutory
decree is passed against them. Kerr v. Martin, 4 Md. Ch. 343.

Testimony taken under a commission issued by consent of certain of the de-
fendants, cannot be read against other defendants. Kipp v. Hanna, 2 Bl. 26; Clary
v. Grimes, 12 G. & J. 31. Cf. Smith v. Baldwin, 4 H. & J. 331.

See sec. 18.

An. Code, sec. 270. 1904, sec. 252. 1888, sec. 234. 1888, ch. 486.

289. The incorporation in this article of the rules prescribed by the
court of appeals shall not deprive the said court of the power to rescind
or modify any of said rules, or to pass additional rules, in their discretion.