456 CHANCERY. [ART. 16

1888, art. 16, sec. 220. Rule 40.

238. In all cases the testimony shall be written down in
the language of, and as delivered by, the witness, and when
completed shall be read over to the witness, and be signed
by him in the presence of the parties or their solicitors, or
such of them as may attend; but if the witness, for any cause,
may not be able to sign the same, or shall for any reason
refuse so to do, the examiner shall sign the deposition, stating
the reason why the witness has not signed the same; and the
examiner may, upon all examinations, 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; but he shall not have
power to decide on the competency, materiality or relevancy of
any question proposed or evidence elicited, nor as to the com-
petency or privilege of any witness offered. All questions of
privilege raised, or demurrer interposed, by any witness, 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, immaterial or irrelevant evidence, or any part
thereof, as justice may require, apart from the general costs of
the case.

Ibid sec. 221 Rule 41.

239. So soon as the examination of witnesses before the
examiner 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 convenient 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.

Ibid. sec. 222. Rule 42.

240. 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