Delaware State journal and statesman., 1865-06-30
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An act to regulate the taking Of Dispositions In certain
Cases,

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An act TO regulate the taking Deposluons In cear
Be enacted by the Senate and House Of Representative
Of the United States Of America Congress assembled
Ihat any deendaht In criminal oise, the District o
Columbia, either after preliminary examinAton indct
msnt, or Information, may examine Witnesses on CON
mission In such manner as Is hereinafter presoribed.
Sec. q And be It further enacted That defendant
Wishing to take the deposition Of witness residing
than one hundred miles from tue city OF Washington
select any Of the following officers commissioned to
take such deposition the clerk Judge OF any
or any notary public or any consul Of 5ne United
his individual name aud official syle and the name Of
the court OF which such constituted commissioner Is clerk
OF luage ana ths name o. the state and county, or II
without the United sisa the OF the and town,
or city In which such notary consul resides must DO
atstedln In the notice and In the commission.
Sec. g. And be 1t further enAeted That five days nos
must be given by defendant his her attorney,
the time when eommsslon will be sued out OF the ONCE
Of the clerk Of the criminal for the District OF Co.
nmbla for taking the deposition Of the Witness vng
the Of the Witness which notice must be accomps
nled with copy Of the interogatorss be asked such
witness.
sa d And 10 1t further enacted That at or before the
time hxsd In the notice, the district attorney may na
cross inerrogAtorles but 1t he fail to the clerk
shAll nls the filloWlng:-
l. Are all Of your statements In the foregoing answers
made from your personal knowledge not do your
answers show what are made from personal know
adgs and what from iaformaon aud the OF that
Information If not, now show what Is from normaton
and give Its source
q State everything you know concerning this case IA.
Vorable to either the government or the defendant.
see q And be IL further enacted That the notice and
eopy OlnetONaoe3 may De served and returned IN the
same manner and by the officers or persons Ia
provided ty law for the service and Of
or subpoena in civil actions within the District Of Column
biA
see d. Aud be Il further enacted That the commission
shall Issue In the name OF the criminal court aud under
its seal and must be sgned by the clerk aud need
tain nothing but the authority conferred upon the
missioner and lnstruetons TO guide him. statement of
the In which the testimony be used and copy
OF all tue interrogatories tiled appended,
beoI And be II further enacted That the person be-
fore whom OF the deposons above are
taken, must cause the nlerrogatorel appended to
commission to be written and the AnsFsrs thereto to
BE- Inserted Immediately underneath the respective ques
tione the whol when completed being read over BY or
to the witness, must be by him her subscribed and
sworn TO In the usual manner.
Sec g. And be 1t further enacted That all exhibits pro
dueeu before the person taking the Deposition proved
or referred 10 BY any Witness correct copies thereof
must Be appended to the depoalons returned with
them, unless auneient reasons be shown for do
ing.
sec And be II further enaclas That the person taxi
Ing the deposition shall attach his certificate thereto
stating that It subscribed and sworn to BY the dspo
nent AZ the time and place therein menuned the whole
Including the commission aud nerrogatories must then
Dc sealed up aud returned the clerk of the criminal
court u the District Of Columbia by mail unless tho de-
fendant and the district attorney agree upon some other
mods and, when received by said clerk he shall open
the package and place the deposition on file in his office
sec. TO- And be itpiuTther enacted That unlmportant
defations fom any Of the above directions shall not
tuse the deposition to te excluded where no substantial
pre- dee could be wrought to the by such
deviation.
sse H. And be It further enacted That subject to the
regulations herenbfore contained the court may estab
sh further rules for taking dspositions and all other
acts connected Herewith.
APPROVED, March 3, 1865.