458 CHANCERY. [ART. 16

have been signed by the judge or judges before whom the
testimony was taken, shall, with the documentary proof at the
same time offered and admitted, be filed as part of the proceed-
ings to be used as if taken before an examiner.

1888, art. 16, sec. 226. Rule 46.

244. Upon any petition, motion or other interlocutory appli-
cation for the hearing and determination of which evidence
may be required, the court or judge thereof may order testimony
to be taken before an examiner, or before a justice of the peace,
upon such notice, and in such manner as the court or judge
may think proper to direct, to be used at the hearing of such
matter.

Ibid. sec. 227. 1860, art. 16, sec. 141. 1826, ch. 222, sec. 1.

245. All commissions which shall be issued to take testi-
mony 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. 228. I860, art 16, 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.

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

Ibid. sec. 229. 1860, art 16, sec. 143. 1841, ch. 22, sec. 6. 1842, ch. 229,
sec. 6. 1878, ch. 202.

247. 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, without 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. 230. 1860, art. 16, sec 144. 1785, ch 72, sec. 15. 1795, ch. 88,
sec. 4. 1818, ch 193, sec. 3.

248. With a view to the speedy execution and return of
commissions 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