208 CHANCERY—WITNESSES AND TESTIMONY. [ART. 16,

of the court to enlarge the time, on application of the party
against whom such rule may have been obtained, upon sufficient
cause shown.

Rule 43.

223. Evidence taken and returned shall be opened by the
clerk, and shall remain in court ten days, subject to exception,
before the cause shall be taken up for hearing, unless, by agree-
ment of the parties, such time be waived; but after the expira-
tion of that time the cause shall stand for hearing, unless some
sufficient cause be shown to the contrary. This section not to
apply to interlocutory applications.

Rule 44.

224. The examination of witnesses de bene ease or for the
perpetuation of their testimony, when by law allowed, may be
had before an examiner, in the mode and form as prescribed in
sections 218, 219, 220 and 221; and if no good objection be made
to such testimony in twelve months from the time of the return
to court thereof, the court shall order the same to be recorded in
perpetual memory.

Rule 45.

225. In the circuit court of the city of Baltimore, it shall be
competent, by the agreement of the parties, with the concurrence
of the court, instead of the mode of taking testimony as provided
in the preceding sections, to examine the witnesses, or any of
them, orally in court, in the presence of the judge thereof, as to
all or any of the facts desired to be proved; and the evidence so
taken shall be written down, as delivered by the witnesses, by
such person and in such manner as the judge may direct, and
shall be filed in the cause as part of the proceedings thereof, to

be used as if taken before an examiner.

Rule 46.

226. Upon any petition, motion, or other interlocutory appli-
cation, 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 nsed at the hearing of such matter.