898

LAWS OF MARYLAND.

16A. In addition to the mode prescribed in
the preceding section, the testimony of non-res-
ident 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-

Mode of ta-
king depo-
sitions.

missioner, notary public, or justice of the peace
before whom the same is proposed to be taken,
together with the names of the witnesses pro-
posed 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 ad-
mitted as evidence at the trial of the case as
fully to all intents and purposes as if the same
had been taken under a commission as pre-

Shall be signed

scribed 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 subject to the like exceptions as
testimony taken under commission. It shall be
competent for the parties to any case to dis-
pense with formal notice of time and place and
name of the officer before whom such deposi-
tions are to be taken, and by agreement to pro-
vide for the taking of such depositions ; and the
provisions of section twenty-eight of this article
shall be applicable to all depositions taken under
this section.
SEC. 3. And be it enacted, That section five of

Repealed.

said article thirty-seven, as amended by the act
of eighteen hundred and sixty-four, chapter one
hundred and nine, entitled "An act to repeal
sections one, two, three, four and five of article
thirty-seven of the Code of Public General Laws,
entitled 'Evidence,' and to enact in lieu thereof
the following;" be and the same is hereby
repealed.

Effective.

SEC. 4. And be it enacted, That this act shall
take effect from the date of its passage.
Approved April 5, 1888.