1096 EVIDENCE. [ART. 35

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 sub-
ject 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 agree-
ment to provide for the taking of such depositions; and the
provisions of section 30 shall be applicable to all depositions
taken under this section.
Jackson v. Jackson, 80 Md. 194.

1898, ch. 399, sec. 16 A.

18. The testimony of non-resident parties to a cause, may
be taken, whether in their own behalf or by the opposite party,
in the same manner as the testimony of other non-resident
witnesses; this is to apply to courts of law and equity and to
proceedings before magistrates; subject, however, to the pro-
visions of law in respect to the competency of witnesses.

Goodman v. Wineland, 61 Md. 455

Commissions to take Testimony in this State.

1888, art. 35, sec. 17. 1860, art. 37, sec. 16. 1828, ch 165, sec 1.

19. 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 juris-
diction in the city of Baltimore shall appoint two commis-
sioners to take the depositions of witnesses, on such notice to
the opposite party and in such manner as the court shall pre-
scribe.

Ibid. sec. 18. 1860, art. 37, sec. 17. 1828, ch. 165. sec 5.

20. Every commissioner so appointed, before he proceeds
to act as such, shall take an oath before some judge or justice
"that he will faithfully and impartially execute the duties of
commissioner aforesaid, according to the best of his judg-
ment ;" a certificate of which oath shall be recorded among
the records of the court by which such commissioner is
appointed.

Ibid sec. 19. 1860, art. 37, sec 18 1828, ch. 165, sec 2.

21. Either party in any action depending in said courts,
after due notice to the other party or his attorney, agreeably