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LAWS OF MARYLAND.— 1828.

CHAPTER 165.

AN ACT to provide for taking Testimony in Civil Cases.
A Supplement, 1832, ch. 111.

Commis-
sioners to
be appoint-
ed to take
depositions,
&c.

SEC. 1. Be it enacted, by the General Assembly of Maryland,
That it shall be lawful for the several county courts of this
state to appoint such and so many discreet persons, not exceed-
ing three, in their respective counties, as commissioners to take
the deposition of witnesses, in any civil action which shall be
depending in said courts, on such notice to the opposite party,
and in such manner, as the said court shall prescribe.

Parties
after notice,
may take
depositions,
&c.

SEC. 2. And be it enacted. That either party in any action
depending in the said courts, after due notice to the other party,
or his attorney, agreeably to such rule as shall be made by said
courts respectively, may take the deposition of any witness be-
fore any one of the said commissioners, to be used as testimony
on the trial of such action, in case only of the death of such
witness, or on proof to the satisfaction of the court, of the ina-
bility of the party to procure the attendance of such witness at
the time of trial, and the probable continuance of said inability
until and at the next term before the court shall permit such
testimony to be used ; and the opposite party shall be entitled
to cross examine any witness whose deposition shall be so
taken, or to examine him or her on notice, before the same, or
any other commissioners, and all depositions and examinations
so taken shall be certified, and returned by the commissioner
taking them, under his hand, to the clerk of the court in which
it shall be intended to use them; and if such court shall be any
other than that by which such commissioner shall be appointed,
there shall be annexed to his return a certificate that he is such
commissioner, by the clerk, and under the seal of the court by
which he shall have been appointed; and all depositions of wit-
nesses, so taken and returned, shall be subject to the same
exceptions and objections as the testimony of the same witness
would be if examined in open court, and shall have the same
effect and validity.

Persons in-
terested
may have
depositions
taken, &c.

SEC. 3. And be it enacted, That it shall and may be lawful
for any person or persons to have the deposition or depositions
taken of any witness or witnesses, who may have knowledge
of any fact, in proving which such person or persons may ap-
prehend him, her or themselves, to be interested, before any
commissioner appointed in virtue of this act, upon reasonable
notice to each party against whom such depositions shall be
intended to be used, er to his or her agent, or attorney, or guar-
dian, if such party be a minor, if within this state, of the rea-
sonableness and proof of which notice, unless the party, agent,
attorney or guardian, shall attend, the court in which the same