When commission has not been issued.
Section 367
SEC. 367. When commission has not been issued. — If a commission has not been issued, and it is made to appear to any judge or justice of the peace by an affidavit satisfactory to him: 1. That the testimony of the witness is material to either party; 2. That a commission to take the testimony of such witness has not been issued; 3. That according to the law of the State or country where the action or special proceeding is pending, the deposition of a witness taken under such circumstances and before such judge or justice, will be received in the action or proceeding; he must issue his subpoena requiring the witness to appear and testify before him, at a specified time and place.