DANIEL MARTIN, ESQUIRE, GOVERNOR.

1828

An Act to provide for taking Testimony in Civil Cases.

CHAP. 165.

Sec. 1. Be it enacted by the General Assembly of Ma-
ryland, That it shall be lawful for the several eounty courts
of this state to appoint such and so many discreet persons,
not exceeding three in their respective counties, as com-
missioners to take the deposition of witnesses, in any civil
action which shall be depending in said ceurts, on such no-
tice to the opposite party, and in such manner, as the said
court shall prescribe.

Passed Mar 11.1829

Commissioners to

be appointed to

take depositions

Sec. 2 And be it enacted, That either party in any ac-
tion depending in the said courts, after due notice to the
other party, or his attorney, agreeably to such rule as shall
be made by said courts respectively, may take the deposi-
tion of any witness before any one of the said commission-
ers, 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

to fee used; and the opposite party shall be entitled to cross
examine any witness whose deposition shall be so taken, or

other commissioners, and all depositions and examinations
so taken shall be certified, and returned by the commission-
er 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
shall be appointed, there shall be annexed to his return a
certificate that he is such commissioner, by the clerk, and
under the seal of the court by which he shall have been ap-
pointed; and all depositions of witnesses, so taken and re-
turned, shall be subject to the same exceptions and objecti-
ons as the testimony of the same witness would be if ex-
amined in open court, and shall have the same effect and
validity.

Parties, after no-

tice, may take de-

positions &c

Sec. 3. And be it enacted, That it shall and may be law-
ful for any person or persons to have the deposition or

have knowledge of any fact, in proving which such person
or persons may apprehend him, her or themselves, to be
interested, before any commissioner appointed in virtue of

such depositions shall be intended to be used, or to his or
her agent, or attorney, or guardian, if such party be a mi-
nor, if within this state, of the reasonableness and proof
of which notice, unless the party, agent, attorney or guar-
dian, shall attend, the court in which the same, is offered in
evidence, shall be satisfied before such deposition is permit

Persons interested

may have deposi-

tions taken, &c