ART. 37.] EVIDENCE. 281

return the same to the said court to be recorded in perpetual
memory.

30. The said commissioners before their meeting on such land,
where all the parties concerned live in the county, or where
they are not known, shall cause public notice of such meeting
and the object thereof, to be set up in the most public places in
the county, at least twenty days before such meeting, and where
all the persons interested are known and any one of them lives
out of the county, they shall cause such notice to be given by
advertisement in some newspaper, forty days before such meet-
ing, and shall return a certificate of having given such notice
with the examination of the witnesses.

31. All examinations of witnesses taken by the said commis-
sioners shall be as good and available as if taken according to
the rules and practice of the courts of equity, notwithstanding
any defect or want of form, or of filing or exhibiting a bill.

32. The said commissioners shall receive four dollars a day
for their services in taking such depositions, and the witnesses
attending upon their summons the sum of one dollar per day for
each day they shall attend.

COMMISSIONS TO TAKE EVIDENCE PROM OTHER STATES.

33. Whenever any commission, or process in the nature of
a commission to take testimony shall be issued by any court of
any of the United States, or by any court of any district or
Territory of the United States, directed to any person either by
name or otherwise in this State, and any witness who shall have
been duly notified so to do, shall fail to attend at the execution
of such commission, or refuse to answer such question as may be
propounded to him under such commission, any justice of the
peace, upon affidavit or other sufficient proof of such failure to
attend after notice, or refusal to answer, may issue an attachment
in the name of the State, and compel the appearance and answer
of such witness, in the same manner as any court in this State
would be authorized to do if such witness Had been summoned to
appear before such court and had failed to attend or had refused
to answer.

34. All witnesses summoned under such commissions shall be
aUowed the same pay for their attendance as is allowed for the