ART. 35] COMMISSIONS IN THIS STATE. 1097

to such rule as shall be made by the said courts, respectively,
may take the deposition of any witness before any of the said
commissioners, to be used as testimony on the trial of such
action, in case only of the death of such witness, or on proof
to the satisfaction of the court of the inability of the party to
procure the attendance of such witness at the time of trial and
the probable continuance of said inability until and at the next;
term before the court shall permit such testimony to be used;
and the opposite party shall be entitled to cross-examine any
witness whose deposition shall be so taken, or to examine him
or her on notice, before the same or any other commissioner.

Bladen's Lessee v. Cockey, 1 H & McH. 234. Thomas v. Clagett, 2 H. &
McH. 172. Shank v. Clark, 3 H. & McH. 100 Ridgely v. Howard. 3 H. &
McH. 321. Brashears' Lessee v. Hewett 4 H. & McH. 222. Brydon v
Taylor, 2 H. & J. 396. Patterson v Md. Ins. Co , 3 H & J. 74. Mitchell v.
Mitchell, 1 Gill, 66. Negro Jerry v. Townshend, 9 Md. 146. Matthews v.
Dare, 20 Md. 248. Quynn v. Carroll's Admr., 22 Md. 288. Waters v. Waters,
35 Md. 531. Consolidated Ry. v. O'Dea, 91 Md. 512.

1888, art 35, sec. 20. 1860, art. 37, sec. 19. 1828, ch. 165, sec. 2.

22. All depositions and examinations taken by such com-
missioner shall be certified and returned by the commissioner
taking them, under his hand, to the clerk of the court in which
it shall be intended to use them; and if such court shall be
any other than that by which such commissioner was appointed,
there shall be annexed to his return a certificate by the clerk,
under the seal of the court, that he is commissioner.

Ibid. sec. 21. 1860, art. 37, sec. 20. 1828, ch. 165, sec. 2.

23. All depositons so taken and returned shall be subject
to the same exceptions and objections as the testimony of the
same witness would be if examined in open court and shall
have the same effect and validity.

Ibid, sec 22. 1860, art. 37, sec. 21. 1779, ch. 8, sec 2. 1828, ch. 165, sec 3.
1832, ch. 111, sec. 2.

24. 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, attorney 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 b.een given
before such deposition is permitted to be offered in evidence.
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