LAWS OF MARYLAND.— 1826.

967

is offered in evidence, shall be satisfied before such deposition is
permitted to be offered in evidence ; and in case of the absence
of any such party from this state, and no agent, attorney or
guardian, of such party, in this state, of which the commis-
sioner may require satisfactory proof, then upon such notice, by
advertisement or otherwise, as the said commissioner shall
direct ; and every such deposition shall be written by the com-
sioner, and signed by the deponent, and the taking thereof cer-
tified by the commissioner before whom they shall be so taken,
and by him lodged with the clerk of the county court of the
county in which he shall act as commissioner, to be recorded
by such clerk, who shall record the same on receiving therefor
compensation at the same rate allowed for recording deeds ; and
all such depositions, or a transcript thereof, under seal, whether
taken before or after any suit commenced, may be read in evi-
dence on any arbitration or trial at law, or in equity, if such
deponent or deponents die before such arbitration or trial, or be
out of this slate, or cannot be had to attend, of which satisfac-
tory proof shall be made, as is provided in the second section ;
and such deposition shall be subject to all exceptions as in the
second section is provided.

SEC. 4. And be it enacted. That the said county courts shall
from time to time prescribe what fees shall be allowed to the
commissioners for the services authorized by this act, which
shall be paid by the party requiring the performance of the ser-
vice, and taxed as other costs in the action.

Courts to
prescribe
what fees
shall be
allowed.

SEC. 5. And be it enacted, That any commissioner appointed
in pursuance of this act, before he proceeds to act as such, shall
take an oath before some judge or justice, 'that he will faith-
fully and impartially execute the duties of commissioner afore-
said, according to the best of his judgment;' a certificate of
which oath shall be recorded among the records of the said
counties respectively.

Commis-
sioners to
take an oath

SEC. 6. And be it enacted, That any person swearing falsely,
or procuring any person to swear falsely, before any of the said
commissioners, shall be liable to the same penalties as if the
testimony were given in open court.

Same
penalty for
swearing
falsely, as if
done in
open court.

CHAPTER 174.

AN ACT to provide for the Execution of certain Trusts.

SEC. 1. Be it enacted, by the General Assembly of Maryland,
That in all cases where two or more trustees have been, or
shall be appointed by last will, to execute any trust, with power,
on the death of one or more of such trustees, to the survivors
or survivor, to execute such trust, or to sell or dispose of and
convey any lands, hereditaments or other property, or any es-

Proceedings
in case of
relinquish-
ment of
trust, &c.