ART. 35] NON-RESIDENT WITNESSES—COMPENSATION. 1095

by affidavit 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 deposi-
tions of such witnesses; and such commission shall issue, and
the commissioners shall be appointed and qualified, interroga-
tories be proposed or exhibited, the commissions be executed
and returned; and the depositions taken in pursuance thereof
shall be published in the same manner and form as heretofore
has been the practice in the 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 any such commission, or copies thereof duly
attested, shall be admittted 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. DeLalstre, 2 H. & J. 191 Beard v Heide, 2 H. & J.
442. Boreing v. Singery, 2 H. & J. 455. Wilson v. Mitchell, 3 H. & J. 91.
Massey v. Massey, 4 H & J 141. Walkup v. 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 v. Tilton, 1 Bl. 352. Young v Mackall, 3 Md. Ch. Dec
398 Young v Mackall, 4 Md. 362. Parker v. Sedwick, 5 Md. 281. Hatton
11. McClish, 6 Md. 407. Cherry v. Baker, 17 Md. 75. Woodruff v. Monroe,
33 Md 146. Purner v. Pierey, 40 Md. 212 Sewell v. Gardner, 48 Md.
182. Consolidated Ry. v. O'Dea, 91 Md. 512.

1888, art 35, sec 16 1860, art. 37, sec. 16. 1888, ch -545.
17. In addition to the mode prescribed in the preceding
section, 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 the opposite party of the time and
place, when and where the testimony of such non-resident
witnesses is proposed, to be taken, and the name of the com-
missioner, notary public, 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 pursuant 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