ART. 35] DEPOSITIONS. 975

1904, art. 35, sec. 26. 1888, art. 35, sec. 24. 1860, art. 37, sec. 23.
1828, ch. 165, sec. 3.

26. 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 satis-
factory proof), the party desiring to take such depositions shall give such
notice by advertisement or otherwise as the commissioner shall direct.

Ibid. sec. 27. 1888, art. 35, sec. 25. 1860, art. 37, sec. 24,
1828, ch. 165, sec. 3.

27. 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 commissioner 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 depo-
nents die before 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 objections as
the testimony of the same witness would be if examined in open court.
See notes to sec. 24.

Ibid. sec. 28. 1888, art. 35, sec. 26. 1860, art. 37, sec. 25.
1828, ch. 165, sec. 4.

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

Ibid. sec. 29. 1888, art. 35, sec. 27. 1860, art. 37, sec. 26.
1779, ch. 8, sec. 6.

29. 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 pre-
scribe to be given to the opposite party, his agent, attorney or guardian:
and such deposition shall be available as if taken on ten days' notice;
and the commissioner shall return with his proceeding the proof which
induced him to shorten the notice.

Permanent residence of a witness is not necessary for the purpose of tak-
ing his deposition under this section; a temporary or transient residence is
sufficient. The fact of residence need not be placed on record. Bryden v.
Taylor, 2 H. & J. 398.
See notes to sec. 21.

Ibid. sec. 30. 1888, art. 35, sec. 28. 1860, art. 37, sec. 27.
1828, ch. 165, sec. 3.

30. If any person against whom the depositions herein authorized
to be taken are to be used in evidence shall attend the taking of the