ART. 70.] WITNESSES AND Evidence.

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.

755

20. If any person against whom the depositions herein author-
ized to be taken are to be used in evidence, shall attend the taking
of the same, either in person or by agent, attorney or guardian, then
such depositions shall be admitted in evidence without proof of
notice to the party to attend the taking thereof.

Id s 27
1828, c 165, s 3
If party or
agent attend-
proof of notice
unnecessary.

30, Any commissioner appointed by a court having common-law
and equity jurisdiction, whether such commissioner be appointed
to take depositions in chancery or depositions to be used at law,
may take depositions under this article; but no commissioner shall
take depositions out of the county or city for which he was appointed,
except by consent of the parties in writing, to be returned with the

Id s 28
1826, c 222,
1828, c 165,s 1,
1829, c 159
Commissioners
at law or in
equity may take
depositions
19 Md 549 ,
28 Md 43b

commission.

COMMISSIONS TO TAKE TESTIMONY OUT OF THIS State.

Not to be taken
out of county
without written
consent of
parties.

31. The several courts of law of this State, upon application
made to them in court by a party to a suit or action therein depend-
ing, either original or an appeal from a justice of the peace, and
upon being satisfied by affidavit or otherwise that there are ma-
terial and competent witnesses in such cause residing or living out
of this State, may direct the clerk of such court to issue a commission
for taking the deposition of such witnesses, and such commission shall
issue and the commissioners shall be appointed and qualified, inter-
rogatoiies be proposed or exhibited, the commission be executed and
retui ned, and the depositions taken in pursuance thereof shall be pub-
lished, in the same manner and form as in a case of a commission from
a court of equity for the examination of witnesses residing and living
out of this State, and the depositions which shall be duly taken in
virtue of this commission, or copies thereof duly attested, shall be
admitted as evidence at the trial of the causc.

Art 37, s 15
1773,c 7,6 7,
1843, c 348
Commissions to
take testimony
out of the State,
bow issued by
courts of law
17 Md 75,159,
33 Md 146 , 40
Md 212 , 43 Md.
290
5 Gill. 207

COMMISSIONS TO TAKE EVIDENCE FROM OTHER STATES.

32. 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 other-
wise in this State, and any witness who shall have been duly notified
so to do, shall fail to attend at the execution of said commission, or
refuse to answer such question as may be propounded to him under

1B62, c 147
Commissions
from other
States.

such commission, it shall be the duty of the commissioner therein
named, at the request of either party to the suit in which it is pro-
posed to use such testimony, or his attorney, to certify such failure
to attend, or refusal to testify, to the judge of the Circuit Court of
the city or county where said commission is to be executed, and
the said judge, on receiving the said certificate, shall forthwith issue

How attend-
ance of wit-
nesses com-
pelled, under
commissions
from abroad