CHANCERY 651

revision or determination by any court of equity having jurisdiction in
the premises. In the absence of special circumstances such allowance shall
be equal to one-half of one per cent upon the value of the corpus so
distributed.

In determining what is a single trust for the application of the rates
aforesaid all property held undivided under the terms of the Will or other
instrument creating such trust, shall be considered as a single trust; but
after any shares have been set apart or divided, to be held in separate trust,
under the terms of any such will or other instrument, each separate trust
so set apart shall be considered as a single trust.

Witnesses and Testimony.

An. Code, 1924, sec. 269. 1912, sec. 252. 1904, sec. 234. 1888, sec. 216. Rule 34. 1929, ch. 489.

281. Except where testimony is to be taken beyond the limits of the
State, or beyond the limits of the county or city for which the Court
exercises jurisdiction, no commissions to take testimony shall issue. The
Circuit Court for each of the counties, and the Supreme Bench of Balti-
more City shall each appoint two or three experienced and competent ex-
aminers, who shall, upon qualification, be officers of the Court; and for any
special reason, a special examiner may be appointed; provided that the Cir-
cuit Court for Prince George's County may appoint four such examiners.
These examiners shall have authority to issue subpoenas for witnesses, ad-
minister oaths, notify parties of the time of their sittings, and to preserve
order and decorum during their sessions. Any person refusing to obey
subpoenas issued by such examiners, or who shall be guilty of violating the
order and proper decorum of the sessions of said examiners while in the
discharge of their duties shall be reported by the examiners, together with
the facts of the case, to the Court; and upon hearing, the Court, if satis-
fied 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 examiners, 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. 91.

As to commissions to take testimony outside of Maryland, see art. 35, secs. 21, 22
and 23, and notes.

As to commissions at law to take testimony in this state, see art. 35, sec. 24, et seq.

An. Code, 1924, sec. 270. 1912, sec. 253. 1904, sec. 235. 1888, sec. 217. Rule 35.

282. 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