ART. 16.] CHANCERY—WITNESSES AND TESTIMONY. 205

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 re-
ported by the examiners, together with the facts of the case, to
the court; and, upon hearing, the court, if satisfied 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 em-
ployed, and at whose instance, and the amount taxable to each
party for services rendered.

Rule 37.

217. Whenever any cause is at issue, involving matter of fact,
or whenever 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, by leave of the court or judge thereof,
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 sum-
moned 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. He shall issue subpoenas for witnesses for
either party, except where he is required to proceed ex parte;
and he shall cause to come before him all witnesses subpoenaed,
at the time appointed, to be examined; and their attendance and
duty to testify may be enforced by attachment, to be issued and
returned as provided in section 232.

Rule 38.

218. All examinations of witnesses before the examiners shall
be conducted iu the presence of the parties, or their solicitors, if