642

PROCEEDINGS IN EQUITY. [ART. 65.

be directed to the sheriff or coroner of the county wherein the per-
son to be attached resides; and after return is made, such process
may be renewed from term to term, as the case may require; pro-
vided, that the party obtaining such process shall give written no-
tice to the opposite party, or his counsel, of the time of the return
thereof.

Id s 147
1785, c 72, s 14
Examination of
witnesses and
adjournment
22 Md 288,
29 Md 2;
30 Md 262

65. The parties, their attorneys, or agents, shall have a right to
be present at the execution of any commission to take testimony,
and the interrogatories of the respective parties shall be read by the
commissioner, so that they may be heard by the parties, their attor-
neys, or agents, respectively; and such party, on application, shall
have a copy of the interrogatories before any witness is examined
on them, and if either party, after witnesses are examined on inter-
rogatories by the adverse party, shall desire the commissioner to
adjourn to a future day to receive additional interrogatories, proofs,
and witnesses, the commissioner shall do so, and give such party a
fair opportunity of adducing all his testimony; but if the party
requiring an adjournment shall neglect or refuse to exhibit his inter-
rogatories and produce his evidence at the meeting in consequence
of such adjournment, and it shall appear to the commissioner that
delay and procrastination is effected by such party, then no further
time shall be given him for the purpose aforesaid.

Id s 148.
1836, c 128, s 1.
When and to
whom commis-
sions to issue
where infants
are defendants

66. In any case in chancery, upon the filing of the answer of an
infant defendant, taken in the manner prescribed by law, admitting
the facts stated in the bill, or making no defence to the claim of the
complainant, commission to take testimony may issue at the in-
stance of the complainant, directed to such person as the court may
appoint.

Id. s 149.
1836, c 128, s. 2
Testimony
taken under a
commission in
the cause may
be used against
defendants in
default.
9 Gill 341.

67. In all cases where any of the defendants have appeared and
answered, and a commission to take testimony has issued, and there
are other defendants who are in default for not appearing or answer-
ing, and against whom a commission ex parte might issue, it shall
not be necessary to issue such ex parte commission; but the com-
plainant may take all his testimony under the commission issued as
aforesaid, and such testimony shall be as available against the de-
fendants who are in default as if the same was taken under an ex
parte commission.

1872, c 157.
Testimony in
injunction
canes, etc.
11 Md 128,
15 Md 20, 22,
17 Md 62,
28 Md. 227

68. In all cases pending on motion to grant an injunction, mo-
tion to dissolve an injunction, motion to appoint a receiver, or
motion to rescind an order appointing a receiver, the court may, at
the instance of either party, order testimony to be taken before such
person, and upon such notice and in such manner as the court in its
discretion may direct, to be used at the hearing of such motion.

HEARING AND OPINIONS.

Art 16, s 100
1846, c 60, s 1.
When cause
may be set down
for hearing

69. In case where the defendant has failed to appear, or to
answer after appearance, and an ex parte commission has issued,
such cases may be set down for final hearing after thirty days from