Nesses

In practice

A commission issued out of, and tmder the seal of the court in which an action is pending, to obtain the testimony of persons not residing within the jurisdiction of the court, and whose personal attendance cannot be compelled by subpoena. It is directed to one or more individuals residing at the same place with the witnesses, authorizing them to take their testimony in writing and return it under seal, and in accordance with certain prescribed formalities, to the court which issued it.

2 Tidd'a Pr. 81t), 811.

In England a coimnission is al&o sometimes issued to take the testimony of witnesses within the jurisdiction of the court, as where a witness is going abroad, <fec. Id. ibid,