, 1854-07-08

VI MS utlOlHtl previous lOIlce OF the tim
and place Of examination. Such motto
shall be at least three days and in addition
one day, Sundays excepted, for every tel
miles of the distance of the place Of exam
ination from the residence Of the person I,
whom notice is given.
Sec 3l5. The deposition shall be writ
ten by the officer taking the same, or b,
the witness, or by some disinterested per
son in the presence and under the direction
Of such officer. When completed, it shal
be carefully read to or by the witness, cor
rected if desired, and subscribed by him
and certified by the officer substantially O.
follows:
Territory cdSryr Of #, Washington IS.
l, A. B., justice of the peace in and fol
said county (or judge, clerk, &c, as thu
case may be) do hereby certify that tn,
above deposition was,taken before me, anC
reduced to writing bymyself (or witness
as the case may be), At in said coun
ty, on the - day of - IS at -
o'clock, in pursuance of notice hereto an
nexed that the above named witness, be-
fore examination, was sworn (or affirmed
to testify the truth, the whole truth and
nothing but the truth, and that the said
deposition was carefully read TO (or by)
said witness, and then subscribed by him.
Dated at - the - day of-lS
A. b. Justice Of the Peace.
Sec. 3l6. The deposition shall be en-.
closed in q sealed envelope by the officer
taking the same, and directed to the clerk
of the court, arbitrators, referee or Justice
Of the peace, before whom the action is
pending, or TO such person as the parties in
writing may agree upon, and either deliv.
cred to the clerk Of the court, or other
person, or transmitted through the mail or
by some private opportunity.
Sec. 3l7. Such deposition may be used
by either party, upon the trial or other
proceeding against any party giving or re-
ceiving the notice, subject to all legal ex.
ceptions, to the competency or credibility
Of the witness, or the manner Of taking the
deposition. But if the parties attend at
the examination, no objection to the form
of an interrogatory shall be made at the
trial, unless the same was taken at the
time of the examination. 1t shall he the
duty Of the person taking the deposition to
PROFOUND TO the witness every question
proposed by either party, and to note all
objections to the form Of any interrogatory
and when any interrogatory is objected to
on account of form, unless the form is
amended and the objection waived, he shall
write after the question and before the an
swer the words "objected to, " and when
any witness declines to answer o question
on the ground that it will tend to criminate
himself, that fact shall also be noted after
the question is written down. Tae deposi-
ton may be taken in the form of a narrative,
or by question and answer, or partly in
either form, as either party present at the
examination shall require. When taken by
question and answer, the officer shall first
write down the question, and then the an
swer as nearly as may be in The language
Of the witness but when the deposition is
read to the witness previous 10 signing it,
he shall be permitted to amend his answer
to any question, or any part Of his deposi-
tion such amendment however, unless
both parties shall otherwise agree, shall
not be made by way of interlining or era
sing, but shall be added at the end of the
deposition, under the title amendment by
the Witness" and such amendment shall
intelligibly refer to the part So amended.
Sec. 3lS. No deposition shall be used
if it shall appear that the reason for taking
it no longer exists Provided, however,
that il the party producing the deposition
in such case, shall show any sufficient cause
then existing for using such deposition, II
may be admitted.
Sec. 3l9. When the plaintiff in sny
action shall discontinue it, or when it shall
be dismissed for any cause, and another
action shall afterwards be commenced for
the same cause between the same parties
or their respective representatives, all dep.
ostions lawfully taken in the first action,
may be used in the other in the same man.
ner, and subject to the same conditions
and objections as if originally taken fol
such other action Provided, that the
deposition shall have been duly filed in the
court where the first action was pending
and shall remain in the custody of the
court, from the termination Of the first &C.
tion until the commencement of the other.
Sec. 800. When any action shall have
been appealed from one court 10 another
all depositions lawfully taken to be used in
the court below, may be used in the appel
late court in the same manner, and subject
to such exemptions for informality or irreg-
ilarity and none other, as were taken to
such depoSitionS in writing in the court be-
low.
Sec. 32l. Any witness may bo sub
penaed and compelled, by any officer au,
thorized to take depositions. to appear and
give his deposition at any place within
twenty miles Of the abode Of such witness
in like manner and under the same penal
ties as he may be subpepaed and compell