CHANCERY 655

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.

Duty of court, in equity cases, to consider evidence as a court of chancery would
do. Tillinghast v. Lamp, 168 Md. 41.

Cited in France v. Safe Dep. & Tr. Co., 176 Md. 321.

Testimony taken as provided in this section. Sterling v. Sterling, Daily Record,
Dec. 4, 1939.

See art. 5, secs. 38 and 39.

An. Code, 1924, sec. 280. 1912, sec. 261B. 1914, ch. 377.

292. 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 48.

An. Code, 1924, sec. 281. 1912, sec. 262. 1904, sec. 244. 1888, sec. 226. Rule 42.

293. 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, 1924, sec. 282. 1912, sec. 263. 1904, sec. 245. 1888, sec. 227. 1826, ch. 222, sec. 1.

294. 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. 285.

As to the issue of commissions by the clerks of the courts having jurisdiction, see
art. 17, sec. 44.

An. Code, 1924, sec. 283. 1912, 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.

295. 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, are for this
purpose as much ministerial officers of court as if they had been nominated in a com-
mission in ancient form. Winder v. Diffenderffer, 2 Bl. 196.

Held that 27th rule of court of common pleas of Baltimore City could not be con-
strued to contravene secs. 294, 295 and 296. Sewell v. Gardner, 48 Md. 182.

An. Code, 1924, sec. 284. 1912, sec. 265. 1904, sec. 247. 1888, sec. 229. 1841, ch. 22, sec 6
1842, ch. 229, sec. 6. 1878, ch. 202.

296. Where a commission to take testimony in chancery shall issue to
Iwo commissioners, only one shall act on the same day, unless both are called