ART. 35.] EVIDENCE—FOREIGN COMMISSIONS. 691

thereof be acquitted, or shall plead guilty and submit his case to
the court, the court may, at its discretion, order that no compen-
sation for any attendance of the prosecutor be allowed.

Commissions to take Testimony out of this State.

P. G. L., (1860,) art. 37, sec. 15 1773, ch. 7, sec. 7. 1843, ch. 348. 1884, ch. 82,

15. The several courts of law, and any of the judges thereof
in recess, upon written application to be filed in the cause made
to them by a party to or interested in a suit, action or other pro-
ceeding therein depending, either original or on appeal from a
justice of the peace, and the orphans' courts of this State, in any

proceeding pending before them, and on being satisfied, by affi-
davit or otherwise that there are material and competent witnesses
in such cause residing or living out of this State, or who, for any
reason, cannot be brought before them, may direct the respective
clerks of such court, or the register of wills, as the case may be,
to issue a commission for taking the depositions of such witnesses;
and such commission shall issue, and the commissioners shall be
appointed and qualified, interrogatories be proposed or exhibited,
the commissions be executed and returned; and the depositions
taken in pursuance thereof shall be published in the sanie manner
and form as heretofore has been the practice in the case of a com-
mission 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 any such commission, or copies
thereof, duly attested, shall be admitted as evidence at the trial
of the cause or the proceeding for which the same may have been
taken.

State v. Levy, 3 H. & McH 591 Owings v. Norwood's Lessee. 2 H & J. 96.
DeSobry v. DeLaistre, 2 H. & J. 191. Beard o Heide, 2 H. & 3. 442. Boreing

v. Singery, 2 H & J. 455. Wilson v. Mitchell, 3 H. & J. 91. Massey v. Massey,
4 H. & J. 141 Wolkup B. Pratt, 5 H & J. 51. Snavely v. McPherson, 5 H. &
J 150 Law v. Scott, 5 H. & J. 438 Cappeau's Bail v. Middleton, 1 H. & G.
154. Taylor v. Phelps, 1 H. & G 492. Maryland Ins. Co. v. Bossiere, 9 G &
J 121. Calvert v. Coxe, 1 Gill, 95 Parker v. Sedwick, 4 Gill, 318. Stockton

v. Frey, 4 Gill, 408. Penn v. Isherwood, 5 Gill, 207. Gibson o Tilton, 1 Bl. 352.
Young v. Mackall, 3 Md. Ch Dec. 398. Young v. Mackall, 4 Md. 362. Par-
ker v. Sedwick, 5 Md. 281. Hatton v. McClish, 6 Md. 407. Cherry v. Baker,
17 Md. 75. Woodruff v. Monroe, 33 Md. 146. Purner v. Piercy, 40 Md. 212.
Sewell v. Gardner, 48 Md. 182.