The commission shall be issued by the clerk of the court in which the judge granting the same presides, and, being witnessed by the clerk and the seal of the court, shall be directed to any judge, associate circuit judge, notary public, or clerk of any court of record, being in the county where such testimony is to be taken, requiring such judge, associate circuit judge, notary or clerk to take the depositions of the witnesses therein named; or, in case the witness or witnesses whose testimony is desired reside out of this state, such commission may be directed to and executed by any clerk or judge of a court of record or notary public in any of the United States.