ROBERT M. McLANE, ESQUIRE, GOVERNOR.

123

SEC. 15. The several courts of law, and any of the

judges thereof in recess, upon written application, to

be filed in the cause made to them by a party to or

interested in a suit, action or other proceeding therein

depending, either original or an appeal from a justice

of the peace, and the orphans' courts of this state, in

any proceeding pending before them, and on being

Commission

satisfied, by affidavit or otherwise, that there are ma-

for depositions.

terial 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 respec-

tive clerks of such court, or the register of wills, as

the case may be, to issue a commission for taking the

depositions of such witnesses; and such commission

shall issue, and the commissioners shall be appointed

and qualified, interrogatories be proposed or exhibited,

the commissions be executed and returned; and the

depositions taken in pursuance thereof shall be pub-

lished in the same manner and form as heretofore has

Depositions
published.

been the practice in the case of a commission from a

court of equity for the examination of witnesses resi-

ding and living out of this state; and the depositions

which shall be duly taken in virtue of any such com-

mission, or copies thereof, duly attested, shall be

admitted as evidence at the trial of the cause or the

proceeding for which the same may have been taken.

Approved March 20, 1884.

Chapter 83.

AN ACT to repeal section one of chapter two of the

acts of eighteen hundred and seventy, and to re-

enact the same with amendments, so as to read as

follows :

SECTION 1. Be it enacted by the General Assembly

of Maryland, That section one of chapter two of the

acts of assembly, eighteen hundred and seventy, be,

Repealed and
re-enacted.

and the same is hereby repealed and re-enacted so as

to read as follows :