ART. 16] WITNESSES AND TESTIMONY. 455

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 pro-
ceed ex parte; and he shall cause to come before him all wit-
nesses subpoenaed, at the time appointed to be examined; and
their attendance and duty to testify may be enforced by attach-
ment, to be issued and returned as provided in section 250.

1888, art, 16, sec. 218. Rule 38.

236. All examinations of witnesses before the examiners
shall be conducted in the presence of the parties, or their
solicitors, if they think proper to be present; and the mode
of examination shall be either by written interrogatories filed
with the examiner, to be by him propounded to the witnesses,
and the answers thereto written down by him, as has heretofore
been the practice of commissioners in taking testimony; or
the witnesses may be examined by the parties, or their solici-
tors, viva voce; and in such case, the answers of the witnesses
shall be reduced to writing by the examiner, and the questions
also, if necessary to the understanding of the answers of the
witness, or if it be required by either party. The testimony
produced by both parties shall be taken before the same
examiner, unless, for special reasons, it be otherwise directed
by the court or judge thereof; and all viva voce examinations
shall, as near as may be, be conducted in the manner and
order of the examination of witnesses in the trials of fact in
the courts of common law. The defendant shall not be com-
pelled to proceed with the taking of his testimony until the
plaintiff has finished or declared he has none to take; nor
shall the plaintiff be compelled to proceed with the rebutting
testimony until the defendant has completed the testimony on
his part.

Ibid. sec. 219. Rule 39.

237. In all examinations, whether conducted by written
interrogatories or viva voce, at the conclusion of the examinatibn
by the parties, the examiner shall put to the witness an inter-
rogatory in the following form: " Do you know, or can you
state, any other matter or thing which may be of benefit or
advantage to the parties to this cause, or either of them, or
that may be material to the subject of this your examination,
or the matters in question between the parties ? If yea, state
the same fully and at large in your answer." And the examiner
shall write down the answer to said interrogatory as part of
the deposition of the witness.