ART. 65. ] PROCEEDINGS IN EQUITY.

641

such two persons, in the visual manner, as the court may approve,
and on return of said commission, if no good objection be made
thereto in twelve months from the time of such return, the court
shall order the same to be recorded in perpetual memory.

testimony
1 Bl 238

When return to
bo recorded

59. 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.

Id s 141
1826, c 222, s 1
Commissions to
take testimony
to whom to be
issued.
28 Md 436

60. A commission to take testimony may, in any case in equity,
issue to one person, with the consent of the parties.

1829, c 159, 1840, c 109, s 5, 1852, c 173, s 2 May be issued to one person, by consent

Id s 142
1795, c 88, s 4,
1799, c 79, s 6,

61. 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 con-

1878, c 202
1841, c 22, s 6.
1842, c 229, s 6
Only one com-
missioner to act
on same day
40 Md. 212

testant.
62. With a view to the speedy execution and return of commis-
sions to take testimony, the court, or any judge thereof, shall pre-
scribe such rules as the nature of the case may require Each com-
missioner to take testimony shall be allowed four dollars per diem
for every day he shall actually serve in the execution of such com-
mission, to be paid by the parties, according to the time that such
commissioner serves in taking the testimony of such parties respec-
tively, 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
dollars and fifty cents per diem, to be paid as the per diem to the
commissioner is directed to be paid, and to be taxed as aforesaid.

Id s 144.
1785, c 72, s 15,
1795, c 88, s 4,
1818, c 193, s 3
Court may pre-
scribe rules for
the execution
and return of
commissions
27 Md 646,
40 Md 212,
43 Md 290
3 Bl 529

Pay of commis-
sioners

Clerk

03. A witness, attending such commissioner under a summons by
him issued, or at the request of either of the parties, shall be al-
lowed seventy-five cents per day for every day's attendance, and
itinerant charges, to be ascertained by the commissioner, which al-
lowance shall be paid by the party summoning or requesting such
witness to attend, and shall be taxed as part of the costs of suit

Id s 145
1785, c 72, 8 16.
Pay of wit-
nesses

64. When any witness is summoned by a commissioner to take
testimony in a chancery suit or proceeding, to appear before such
commissioner to give testimony in such suit or proceeding, and such
witness shall refuse or neglect to attend, or, attending, shall refuse
to answer such interrogatories as are propounded to him, in all such
cases the commissioner, at the request of either party to such suit
or proceeding, shall immediately certify such default or neglect,
under his hand, as such commissioner, to the clerk of the court
where such suit or proceeding is pending, who, upon the receipt
thereof, shall forthwith issue an attachment against the person named
in such certificate, and the court may allow such process to compel
such witness to attend and give evidence in open court, in such suit
or proceeding, at such term of the court thereafter as the party
applying for such attachment shall request, and such process shall
41

Id s 146
1824, o. 133
Process to com-
pel attendance
of witnesses.
3 Bl. 433