460 CHANCERY. [ART. 16

to the opposite party, or his counsel, of the time of the return
thereof.

Bryson v. Petty, 1 Bl. 182. Gibson v. Tilton, 1 Bl. 352. Maccubbin v.
Matthews, 2 Bl 250. Deale v. Estep, 3 Bl. 433. Hall v. McPherson, 3 Bl. 529.

1888, art. 16, sec. 233 1860, art 16, sec. 149. 1836, ch. 128, sec. 2.

251. In all cases where any of the defendants have appeared
and an order to take testimony before an examiner has issued,
and there are other defendants who are in default for not
appearing or answering, and against whom an order to take
testimony ex parte might issue, it shall not be necessary to
pass such order, but the plaintiff may take all his testimony
before the examiner, and such testimony shall be as available
against the defendants who are in default, as if the same was
taken under an ex parte order.

Smith v Baldwin, 4 H. & J. 331. Stewart v: Duvall, 7 G. & J. 180. Som-
erville v. Marbury, 7 G. & J. 275. Clary v. Grimes, 12 G. & J. 31. Kipp v.
Hanna, 2 Bl. 26. Kerr v. Martin, 4 Md. Ch. 342. Higgins v. Horwitz, 9
Gill, 341.

Ibid. sec. 234. 1888, ch. 486.

252. The incorporation in this article of the rules prescribed
by the court of appeals shall not deprive the said court of the
power to rescind or modify any of said rules, or to pass addi-
tional rules, in their discretion.