ART. 37.] EVIDENCE. 279

shall be satisfied that such notice has been given before such
deposition is permitted to be offered in evidence.

22. If any minor be interested in any depositions to be taken
under the last preceding section, and has no guardian, the court
by whom the commissioners were appointed, before whom it is
proposed to take such depositions, or the judge thereof, upon
application of the plaintiff, his agent, attorney or guardian, shall
appoint a guardian for the purpose.

23. If any party against whom such depositions are intended
to be used shall be absent from this State, and have no agent,
attorney or guardian in this State, (of which the commissioner
may require satisfactory proof,) the party desiring to take such
depositions shall give such notice by advertisement or otherwise
as the commissioner shall direct.

24. Every deposition taken under the three preceding sections
as aforesaid shall be written by the commissioner and signed by
the deponent, and the taking thereof certified by the commis-
sioner before whom it shall be so taken, and by him lodged with
the clerk of the court by which he was appointed, 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 evidence, on any arbitration or
trial at law or in equity, if such deponent or deponents die be-
fore such arbitration or trial, or be out of this State or cannot
be had to attend, of which satisfactory proof shall be made to
the court, and shall be subject to the same exceptions and objec-
tions as the testimony of the same witness would be if examined
in open court.

25. The several courts of law in this State shall from time to
time prescribe what fees shall be allowed to the commissioners
for the services authorized herein, which shall be paid by the
party requiring the performance of the service and taxed as
other costs in the action.

26. If any witness whose deposition is required is sick and
likely to die, or is about to leave the State, the commissioner,
upon proof of the fact, may take such deposition upon such
notice as he may prescribe to be given to the opposite party,
his agent, attorney or guardian, and such deposition shall be