Acts. 293

No. 13 An Act to impower the several Courts within this Province, to order
Commissions for the Examination of Witnesses residing beyond
Sea, and for the more easy Foreclosure of Mortgages.

Liber H. S.
No. I

Whereas, it has been found very inconvenient to many Suitors,
in the several and respective Courts within this Province, whose
Witnesses have resided beyond Sea, that the said Courts have not
any Power or Authority to order Commissions for the Examina-
tion of such Witnesses, whereby such Suitors have been deprived
of the Benefit of their Testimony, or been put to an heavy Expence
and great Delay, in order to obtain out of the high Court of Chan-
cery, a Commission for the Examination of such Witnesses: For
Remedy whereof,

[Preamble.]
p. 26

Be it Enacted, by the Right Honourable the Lord Proprietary, by
and with the Advice and Consent of his Lordship's Governor, and
the Upper and Lower Houses of Assembly, and the Authority of
the same, That in all and every Cause and Causes, that now do or
shall hereafter depend, in any of the Courts within this Province,
wherein either Plaintiff or Defendant shall make it appear to the
Satisfaction of the Justices by his own Oath or otherwise, That any
material Witness for him, without whose Testimony he cannot safely
proceed to Tryal, doth or shall reside out of this Province, it shall
and may be lawful for the said Justices, to order the Register of the
High Court of Chancery, for the Time being, to issue a Commission
or Commissions, as the Case shall or may require, to such Person or
Persons as the said Justices shall appoint to take the Examination
of such Witnesses.

[Commis-
sion to be
given for the
Examination
of Witnesses
out of the
Province.]

And be it further Enacted, by the Authority, Advice and Con-
sent aforesaid, That the Register of the Court of Chancery being
thereunto ordered and directed by the Justices, as aforesaid, shall
issue a Commission or Commissions to such Person or Persons, to
be appointed as aforesaid, in such Manner and Form as Com-
missions have heretofore been issued out of the High Court of
Chancery, for the Examination of Witnesses, in any Cause or Suit
there depending, and that the Person or Persons to be appointed
Commissioner or Commissioners as aforesaid, and his or their
Clerk shall qualify themselves to execute such Commission or Com-
missions, in such Manner and Form as Commissioners and their
Clerks have heretofore qualified themselves, to execute Commissions
issued out of the High Court of Chancery, for the Examination of
Witnesses, in any Cause or Suit there depending.

[Commis-
sioners and
their Clerk
to be quali-
fied as here-
tofore.]

And be it further Enacted, That the Register aforesaid, after
such Commission or Commissions shall be executed and returned
by the Commissioners, shall preserve and keep such Commission
or Commissions, and the Depositions to be taken thereon, among
the Records and Proceedings of the High Court of Chancery; and
that Copies of such Depositions as shall be taken in pursuance of
such Commission or Commissions as shall be issued according to

21

[When the
Commis-
sioners are
executed, the
Register to
preserve
them; and
Copies to be
good Evi-
dence.]