Anonymous

A commission rogatory is not the mode authorized by statute for taking the testimony of witnesses residing out of the State, but in cases where the evidence can be produced in no other way, on account of the laws of the country where the witness is sought to be examined, and to prevent a failure of justice, the power to issue such a commission would seem to be proper, if not necessary. The only difference between such a commission and the statutory one is, that it is directed to a judicial tribunal or officer of the foreign country, with a request to summon the witness and take the testimony,…