EXAMINATION OF WITNESSES ON COMMISSION
19-3211. Death or disability of agent. If the agent is dead, or from sickness or other casualty unable personally to deliver the commission and return, as prescribed in the last section, it may be received by the clerk or judge from any other person, upon his making an affidavit that he received it from the agent, that the agent is dead, or from sickness or other casualty unable to deliver it; that it has not been opened or altered since the person making the affidavit received it; and that he believes it has not been opened or altered since it came from the hands of the commissioner.
[(19-3211) Cr. Prac. 1864, sec. 565, p. 282; R.S., R.C., & C.L., sec. 8186; C.S., sec. 9162; I.C.A., sec. 19-3111.]