146 LAWS OF MARYLAND.—1779.
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a notice in writing at the court-house of the county where such
deposition or depositions are intended to be taken, twenty days
before such depositions are taken, which deposition or deposi-
tions so taken, with proof of such notice, shall be lodged with
the clerk of the county where the same are taken, to be recorded,
and such clerk shall record the same, and receive for his service
at the same rate per side as for recording any other matter. |
And read in
evidence,
&c. |
SEC. 3. And be it further enacted by the authority aforesaid,
That all such depositions, or a transcript thereof, under seal,
whether taken before or after any suit or action commenced,
may be read in evidence on any arbitration or trial at law or in
equity, if such deponent or deponents die before such arbitration
or trial, or cannot be had to attend the same, of which satis-
factory proof shall be made. |
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Proviso. |
SEC. 4. Provided always, That nothing in this act is meant
or intended to extend to proving the boundaries of land, or in
any manner to alter the law now in force for that purpose. |
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Proviso. |
SEC. 6. Provided always. That in case of minors who have
no guardian or trustee, and in case of absentees who are resi-
dents of this state, and of all other absentees residents of other
of the United States, or residing in foreign states in amity with
the United States, where sucli absentees have no trustee, guar-
dian, agent or attorney, the common and usual mode of per-
petuating testimony shall be adopted, and no other, any thing
herein contained to the contrary notwithstanding. |
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Proviso. |
SEC. 6. Provided also, and be it enacted, That in all cases
where testimony may be perpetuated by this act, and where it
shall be made appear, to the satisfaction of the judge or justice,
byaffidavit of the party, that his witness or witnesses are sick
and not likely to live, or may be about to march out of this state
on the public service as a soldier or militia-man, it shall and
may be lawful to take the deposition or depositions of such
witness or witnesses, on giving such notice less than twenty
days, as the judge or justice may think reasonable, all circum-
stances considered, so that the party interested, his guardian,
trustee, agent or attorney, may have convenient time to attend. |
Judge, &c.
to give a
certificate,
&c. |
SEC. 7. And be it enacted, That the judge or justice shall
and he is hereby required to give the party a certificate of having
made affidavit, and of the number of days appointed for notice,
which shall be lodged with the deposition or depositions, and
an attested copy of such deposition or depositions, and of such
certificate, shall be taken as good evidence of the truth of the
facts therein contained. |
Commis-
sion may
issue, &c. |
SEC. 8. And, for regulating the chancery practice in the case
of perpetuating testimony. Be it enacted. That commission shall
and may issue to perpetuate testimony on bill for that purpose,
before any appearance of the party defendant, to such four per- |
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