1098 EVIDENCE. [ART. 35

1888, art. 35, sec. 23. 1860, art. 37, sec. 22. 1832, ch. 111, sec. 1.

25. 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
proposed to take such depositions, or the judge thereof, upon
application of the plaintiff, his agent, attorney or guardian
shall appoint a guardian for the purpose.

Ibid. sec. 24. 1860, art. 37, sec. 23. 1828, ch. 165, sec. 3.

26. 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. 25. 1860, art. 37, sec. 24. 1828, ch. 165, sec. 3.

27. 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
depositions, or a transcript thereof under seal, whether taken
before or after any suit commenced, may be read in evidence
on any arbitration or trial at law or in equity, if such depo-
nent or deponents die before such arbitration or trial, or be out
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.

Ibid. sec. 26. 1860, art. 37, sec. 25. 1828, ch. 165, sec. 4.

28. The several courts of law in this State shall from time
to time prescribe what fees shall be allowed to the commis-
sioners 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. 27. 1860, art. 37, sec. 26. 1779. ch. 8, sec. 6.

29. If any witness whose deposition is required is sick and
likely to die, or is about to leave the State, the commissioner,