754

WITNESSES AND Evidence. [ART. 70.

Id s 20
1828, c 165, s 2.
Depositions sub-
ject to excep-
tion.

22. All depositions so taken and returned shall be subject to the
same exceptions and objections as the testimony of the same witness
would be if examined in open court, and shall have the same effect
and validity.

Id s 21.
1779, c 8, s 2 ,
1828, c 165, s 3 ,
1832, c 111, s 2
What notice to
parties against
whom deposi-
tion to be used

23, Any person may have the deposition of any witness who
may have knowledge of any fact, in proving which such person may
apprehend himself to be interested, taken before any of said com-
missioners upon ten days' notice to each party against whom such
depositions shall be intended to be used, or to his agent, attorney,
or guardian, if such party be a minor, if within this State, and the
court in which the same is offered in evidence shall be satisfied that
such notice has been given before such deposition is permitted to
be offered in Evidence.

Id s 22
1832, c 111, s 1
Where minor
interested,
guardian to be
appointed

24, 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 pro-
posed to take such depositions, or the judge thereof, upon applica-
tion of the plaintiff, his agent, attorney, or guardian, shall appoint
a guardian for the purposc.

Id s 23
1828, c 165, s 3
When party
absent from
State.

25. 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

notice.

give such notice by advertisement or otherwise as the commissioner
shall direct.

Id s 24
1828, c 165, s 3
Depositions
how taken, cer-
tified and re-
corded
34 Md 182

2G, 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 be-
fore 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 re-
ceiving therefor compensation at the same rate allowed for recording
deeds; and all such depositions, or a transcript thereof under seal,

When to be
evidence

whether taken before or after any suit commenced, may be read in
evidence, 011 any arbitration or trial at law or in equity, if such de-
ponent or deponents 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 excep-
tions and objections as the testimony of the same witness would be
if examined in open court.

Id s 25
1828, c 165, s. 4
Fees of com-
missioners.

27. 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 the other costs
in the action.

Id s 26
1779, c 8, s 6
Where witness
whose deposi-
tion is required
is sick or about
to leave the
State.

28. 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