692 EVIDENCE—DOMESTIC COMMISSIONS. [A.RT. 35.

1888, ch. 545.

16. In addition to the mode prescribed in the preceding sec-
tion, the testimony of non-resident witnesses may be taken by
either party to any case in any court of this State, or before any
justice of the peace of this State, upon giving notice of not less
than five days to tfre opposite party of the time and place, when,
and where the testimony of such non-resident witnesses is pro-
posed to be taken, and the name of the commissioner, notary pub-
lic, or justice of the peace before whom the same is proposed to
be taken, together with the names of the witnesses proposed to be
examined; and the| deposition of any such witnesses taken pur-
suant to such notice and duly certified by the officer taking the
same, under his hand and seal, shall be admitted as evidence at
the trial of the case as fully to all intents and purposes as if the
same had been taken under a commission as prescribed in the
preceding section. Depositions when taken under this section
shall be signed by the witnesses unless their signature shall be
waived by consent ;of the parties, and returned to the court in
which the case is pending; and shall be treated in all respects, as
if taken under a commission regularly issued by said court, and
shall be subject to the like exceptions as testimony taken under
commission. It shall be competent for the parties to any case to
dispense with formal notice of time and place and name of the
officer before whom such depositions are to be taken, and by
agreement to provide for the taking of such depositions; and the?
provisions of section 28 of this article shall be applicable to all
depositions taken Under this section.

Commissions to take Testimony In this State.

P. G. L., (1860,) art. 87, sec. 16. 1828, ch. 165, sec. 1.

17. Each of the circuit courts, or the judge thereof, shall
appoint not more'than three commissioners for the county in
which such court is held, and each of the courts of civil jurisdic-
tion in the city of Baltimore, shall appoint two commissioners to
take the deposition of witnesses, on such notice to the opposite
party, and in such manner as the court shall prescribe.

Ibid sec. 17. 1828, ch 165, sec. 5.

18. Every commissioner so appointed, before he proceeds to
act as such, shall take an oath before some judge or justice "that