EVIDENCE 1603

An. Code, 1924, sec. 33. 1912, sec. 33. 1904, sec. 33. 1888, sec. 31. 1723, ch. 8, sec. 4.

38. 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 meeting and shall
return a certificate of having given such notice with the examination of the
witnesses.

The return of a commission to bound lands must show that sufficient notice was
given by commissioners to parties interested. Lowes v. Holbrook, 1 H. & J. 153.
And see Gittings v. Hall, 1 H. & J. 23; Johnson v. Kramer, 2 H. & McH. 243.

As to admissibility in evidence of commissions to bound lands, defectively executed,
see Ringgold v. Galloway, 3 H. & J. 451; Gibson v. Smith, 1 H. & J. 258; Weems v.
Disney, 4 H. & McH. 156.

An. Code, 1924, sec. 34. 1912, sec. 34. 1904, sec. 34. 1888, sec. 32. 1723, ch. 8, sec. 3.

39. All examinations of witnesses taken by the said commissioners 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.

An. Code, 1924, sec. 35. 1912, sec. 35. 1904, sec. 35. 1888, sec. 33. 1723, ch. 8, sec. 6.

40. 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 from Other States.

An. Code, 1924, sec. 36. 1912, sec. 36. 1904, sec. 36. 1888, sec. 34. 1841, ch. 107, sec. 1.

1862, ch. 147. 1906, ch. 239.

41. A party to any civil action, suit or special proceeding, pending in a
court without this State, either in any State, district or territory of the
United States or in a foreign country, may obtain in the following man-
ner, the testimony of a witness or witnesses, and in connection there-
with, the production of books and papers within this State, to be used in
such action, suit or special proceeding.

Whenever any commission, or process in the nature of a commission, to
take the testimony of a witness or witnesses named therein within this State
shall be issued by any court without the State, either in any State, district
or territory of the United States, or in a foreign country, directed to any
person, designated by name, title or office or otherwise, in this State, the
person so designated as commissioner shall serve notice on the witness or
witnesses to be examined under said commission, of the time and place
appointed for the execution of said commission at least five days before
the day so appointed; and whenever the judge of the court, wherein such
action, suit or special proceeding is pending, is satisfied by the affidavit
of either party thereto or otherwise, and it be stated in such commission or
process in the nature of a commission, that any witness to be examined un-
der such commission or process, has in his possession or control any paper,
writing, written instrument, book or other document, which, if produced,
would be competent and material evidence for the parties to such suit or
action, or either of them, and said paper, writing, written instrument, book