ART. 16.] CHANCERY—WITNESSES AND TESTIMONY. 209

P. G. L, (1860,) art. 16, sec. 141. 1826, ch. 222, sec. 1.

227. 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.

Sewell v. Gardner, 48 Md. 178.

Ibid, sec 142. 1795, ch. 88, sec. 4. 1799, ch. 79. sec. 6. 1829, ch. 159. 1840;
ch. 109, sec. 5. 1852, ch. 173, sec. 2.

228. A commission to take testimony may issue to one person
with consent of the parties.
Sewell v. Gardner, 48 Md. 178.

Ibid. sec. 143. 1841, ch. 22, sec. 6. 1842, ch. 229, sec. 6. 1878, ch. 202.

229. 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, with-
out extra compensation, unless a clerk is asked for by one of the
parties contestant.

Purner v. Piercy, 40 Md 212. Sewell v. Gardner, 48 Md. 178.

Ibid. sec. 144. 1785, ch. 72, sec. 15. 1795, ch. 88, sec. 4. 1818, ch. 193, sec. 3.

230. With a view to the speedy execution and return of com-
missions to take testimony, the court, or any judge thereof, shall
prescribe such rules as the nature of the case may require; each
commissioner to take testimony shall be allowed four dollars per
diem for every day he shall actually serve in the execution of
such commission, to be paid by the parties, according to the
time that such commissioner serves in taking the testimony of
such parties respectively, 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.

Purner v. Piercy, 40 Md. 212. Canton v. McGraw, 67 Md. 589.

Ibid. sec. 145. 1785, ch. 72, sec. 16.

231. A witness attending an examiner or commissioner, under
a summons by him issued, or at the request of either of the
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