ART. 35.] EVIDENCE—DEPOSITIONS. 695

die before such arbitration or trial, or be ont 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 exceptions
and objections as the testimony of the same witness would be if
examined in open court.

F. G. L., (1860,) art 87, sec. 25. 1828, ch 165, sec. 4.

26. 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
other costs in the action.

Ibid sec 26. 1779, ch 8, sec. 6.

27. 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 guardian; and such deposition shall be avail-
able as if taken on ten days' notice; and the commissioner shall
return with his proceeding, the proof which induced him to
shorten the notice.

Ibid. sec. 27. 1828, ch. 165, sec. 3.

28. 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.

Collins v. Elliott, 1 H. & J. 1. Williams v. Banks, 5 Md. 198. Waters v.
Waters, 35 Md. 531.

Ibid, sec 28. 1826, ch. 222. 1828, ch. 165, sec. 1. 1829, ch. 159.

29. Any commissioner appointed by a court having common
law and equity jurisdiction, whether such commissioner be ap-
pointed to take depositions in chancery or depositions to be used
at law, may take depositions under this article; but no commis-
sioner shall take depositions out of the county or city for which