The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1821-07-03
---i IN The Year Of our Lord -
!, justice ofhe Pe0


Which summons, when served, and the ser.
vice thereof proved as before prescribed in the
case Of the said notification, shall be deemed
good and sufficient; And if any depOnent "a sum.
moDed shall neglect TO appear at The time and
place appointed in the summons and ha wing ten
dered or her thirty-fo cents for his or her
time, and four cents mile for his or her travel.
c3mpuiins iron tIv dcpone nt's said place Nv
abode TO the place Of caption, and back, such
Opponent shall be subject to like acions forfeit
ures and attachment, az are provided by law
where witnesses are summoned 10 Court and do
not appear.
! SECT. 5. Be IL further enacted, That If, on the
trial OF any cause either party shall make il
appear probable TO the Court, that il viii not be
in his power 10 produce tire witnesses, there tes-
tifying on the appeal or review ofthe cause, and
shall move that their testimony be taken down
in writing, it shall be done by the Clerk of the
said Court, or by such Justice Of the Peace a.
! the Court shall appoint and If any appeal or
review be had, such testimony may be used, il
il shall appear 10 the Satisfaction Of the Court.
that the witnesses are then living more than
thirty miles from the place of trial, or dead, oy
gone out OF the state, on a voyage 10 sea, or
so sick, lnfrm aged as then to be unable 10
travel and attend at the trial, and not otherwise
And In every case (as oral testimony examined
and cross examined In open Court Is 10 be pre-
ierrcd 10 dispositions, when il can be reasonably
had) where the deposition OF a witness shall have
been taken, II shall not he used IN the cause at
the trial, by the Court, Justice, Referees or Ar
biirstors, If the adverse party shall then make Il
appear that the reasons for taking the said depo-
siton no lorger exists but that the witness 10
within the said distance, and shle personally 20
appear.
! ScEr. 6. BeH further enacted, That AL Depo-
sitons taken out of this State before any Justice
I Of the Peace, Public Notary, ar other person NV.
gally empoweredto take dispositions il the State.
or county where such dispositions shall be taken
and certified, may DE admitted as evidence in any
civil action, rejected. at the discretion OF the
Court Proridsd nevertheless, That II the adverse
party, or his attorney shall live within twenty
miles Of the place of caption, no deposition shall
be adnitted, unless II shall appear by the caption
or ancavIt, that such adverse party or his attcr-
ney was notified Of the time and place ar caption
SECT Z. Be Al further enacted That The Justices
of the Supreme Judicial Court and of the Circuit
Court Of Common Pleas may grant deGtmus 20
iesiatefl, 10 have Dispositions taken either wllhi
or without the State, in an action suit or con-
troYersy pending in said Courts respectively, on
such terms and conditions as they, lIom time "a
time shall prescribe.
SECT. 9. BE a further enacted, That where any
Deposition shall be taken a. perpetual remem-
bfance Of thing, il shs u be tcne nv two Justices
o. the Peace, quorum lrius, and they shall cause
ssch as they know 10 be interested, To be duly
notified Of the time and place of the caption, X
within twenty miles thereof: or 10 this State and
u without that distance, their attorney. If any
they have; aud the deposition beng reduced N
writing by NJ the Justices. or ~ the deponent
IN their presence, and subscribed, the SAID Jus
tees shall administer the oath, and certify the
caption and the names al all persons, whom they
notified OF the taking thereof, substance u. Iol-
lows, TO wit:
STATE OF MANI