In Illinois it is provided by statute, Sec. 24, Chap. 5, Rev. Stat., 1905, that, "when the testimony of any witness, residing or being within this State, shall be necessary in any suit in chancery in this State, the party wishing to use the same may cause the deposition of such witness to be taken before any judge, justice of the peace, clerk of a court, master in chancery or notary public, without a commission or filing interrogatories for such purpose, on giving to the adverse party or his attorney ten days' notice of the time and place of taking the same, and one day in addition thereto (Sundays inclusive) for every fifty miles of travel from the place of holding court to the place where such deposition is to be taken. If the party entitled to notice and his attorney reside in the county where the deposition is to be taken, five days' notice shall be sufficient."

Sec. 25, Chap. 51, Rev. Stat. I11., also provides: "And it shall also be lawful, upon satisfactory affidavit being filed, to take the deposition of witnesses residing in this State, to be read in suits at law, in like manner and upon like notice as is above provided, in all cases where the witness resides in a different county from that in which the court is held, is about to depart from the State, is in custody on legal process, or is unable to attend such court on account of advanced age, sickness or other bodily infirmity."