694 EVIDENCE—DEPOSITIONS. [ART. 35.

P. G. L., (1860,) art. 37, sec. 21. 1779, ch. 8, sec. 2. 1828, ch. 165, sec. 8.
1832, ch 111, sec. 2.

22. 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
commissioners upon ten days' notice to each party against whom
such depositions shall be intended to be used, or to his agent, at-
torney 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.

Ibid. sec. 22. 1832, ch. 111, sec. 1.

23. If any minor be interested in any depositions to be taken
under the 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 appli-
cation of the plaintiff, his agent, attorney or guardian, shall ap-
point a guardian for the purpose.

Ibid. sec. 23. 1828, ch. 165, sec. 3.

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

Ibid. sec. 24 1828, ch. 165, sec. 3.

25. Every deposition taken under the three preceding sec-
tions as aforesaid shall be written by the commissioner and
signed by the deponent, and the taking thereof certified by the
commissioner before 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 receiving therefor compensation at
the same rate allowed for recording deeds; and all such depo-
sitions, or a transcript thereof under seal, whether taken before or
after any suit commenced, may be read in evidence, on any arbi-
tration or trial at law or in equity, if such deponent or deponents,