ART. !<>.] CHANCERY—WITNESSES AND TESTIMONY. 207

sign the same, or shall for any reason refuse so to do, the exam-
iner shall sign the deposition, stating the reason why the witness
has not signed the same; and the examiner may, upon all exami-
nations, state any special matters to the court that he may deem
proper, to enable the court the better to understand the evidence.
Any question or questions that may be objected to by either of
the parties, shall be noted by the examiner upon the deposition;
out he shall not have power to decide on the competency, materi-
ality or relevancy of any question proposed or evidence elicited,
nor as to the competency or privilege of any witness offered. All
questions of privilege raised, or demurrer interposed, by any wit-
ness, to questions propounded, shall be at once reported by the
examiner to the court or judge thereof for decision, and the court
or judge shall hear and determine the same without delay; and
in such cases the court may award costs as justice may appear to
require; and in all cases the court shall have full power to deal
with and to direct the payment of the cost of incompetent, imma-
terial or irrelevant evidence, or any part thereof, as justice may
require, apart from the general costs of the case.

Rule 41.

221. So soon as the examination of witnesses before the exam-
iner shall be concluded, the original depositions, with all vouchers,
documents or other papers filed with the examiner as evidence,
shall be put together in proper order and form, so as to be con-
venient for reference and use, and be authenticated by certificate
and signature of the examiner, and by him enclosed, with the
titling of the cause endorsed thereon, and filed with the clerk of
the court, without delay.

Rule 42.

222. Testimony shall be taken without any unnecessary delay,
and it shall be the duty of the examiner to avoid such delay as far
as possible. After the lapse of a reasonable time for the taking
of testimony, either party may obtain a rule on the adverse party
to close the taking of his testimony within such reasonable time
after notice of such rule as may be deemed proper; and any testi-
mony taken after the lapse of that time shall not be read in evi-
dence at the hearing of the cause. But it shall be in the discretion