ART. 16] WITNESSES AND TESTIMONY. 457

such reasonable time after notice of such rule as may be
deemed proper; and any testimony taken after the lapse of
that time shall not be read in evidence at the hearing of the
cause. But it shall be in the discretion of the court to enlarge
the time, on application of the party against whom such rule
may have been obtained, upon sufficient cause shown.
Freeney v. Freeney, 80 Md. 409.

1888, art. 16, sec. 223. Rule 43.

241. 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.

Freeney v. Freeney, 80 Md. 409. Chattelton v Mason, R., 86 Md 244

Ibid. sec. 224. Rule 44.

242. The examination of witnesses de bene esse 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 236, 237, 238 and 289; 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.

Ibid. sec. 225. Rule 45. 1890, ch. 86. 1896, ch. 35.

243. The court shall, on application of a party in interest,
or may, of its own motion, order, that instead of the mode of
taking testimony as provided in the foregoing sections, the
witnesses, or any of them, shall be examined orally in open
court in the presence of the judge or judges thereof, as to all
or any of the facts or matters relevant in the cause or proceed-
ing, and the evidence so taken shall be written down as deliv-
ered by the witnesses by such person, and in such manner as
the court may have by special order or general rule directed,
and when so written down shall, with such documentary proof
as shall have been with it offered and admitted, be filed as part
of the proceedings, to be used as if token before an examiner;
or if the court shall have so ordered, such evidence shall be
reduced to writing by counsel in the same manner as bills of
exceptions now are at common law, and after the same shall