§ 8-76. Depositions before municipal authorities. - North Carolina Statutes

§8‑76.  Depositions before municipal authorities.

Any board of aldermen, boardof town or county commissioners or any person interested in any proceeding,investigation, hearing or trial before such board, may take the depositions ofall persons whose evidence may be desired for use in said proceeding,investigation, hearing or trial; and to do so, the chairman of such board orsuch person may apply in person or by attorney to the superior court clerk ofthat county in which such proceeding, investigation, hearing or trial ispending, for a commission to take the same, and said clerk, upon suchapplication, shall issue such commission, or such deposition may be taken by anotary public of this State or of any other state or foreign country without acommission issuing from the court; and the notice and proceedings upon thetaking of said depositions shall be the same as provided for in civil actions;and if the person upon whom the notice of the taking of such deposition is tobe served is absent from or cannot after due diligence be found within thisState, but can be found within the county in which the deposition is to betaken, then, and in that case, said notice shall be personally served on suchperson by the commissioner appointed to take such deposition or by the notarytaking such deposition, as the case may be; and when any such deposition isreturned to the clerk it shall be opened and passed upon by him and deliveredto such board, and the reading and using of such deposition shall conform tothe rules of the superior court. (1889, c. 151; Rev., s. 1653;C.S., s. 1814; 1943, c. 543.)