464 CHANCERY. [ART. 16

transferring or assigning said trust moneys, properties and
effects of said trust estate.

Witnesses and Testimony.

1888, art 16, sec. 216. Rule 36.

234. Except where testimony is to be taken beyond the
limits of the State, or beyond the limits of the county or city
for which the court exercises jurisdiction, no commissions to
take testimony shall issue. The circuit court for each of the
counties and the supreme bench of Baltimore city shall
each appoint two or three experienced and compstent examiners,
who shall, upon qualification, be officers of the court; and for
any special reason, a special examiner may be appointed.
These examiners shall have authority to issue subpoenas for
witnesses, administer oaths, 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 reported by the exami-
ners, 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 pun-
ish 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 employed, and
at whose instance, and the amount taxable to each party for
services rendered.

Ibid, sec 217. Rule 37.

235. 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 summoned to testify; and the examiners so applied to shall
fix some reasonable day or days for the examination of wit-
nesses, and the taking of evidence, of which he shall give due
notice to the parties concerned, or those entitled to receive such