The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1865-03-04
Ia w -
or THE
HAWAIIAN ISLANDS
Session Of 1861.
An ACT

OF TESTIMONY
Be IT ENACTED, by the King and the Legis-
tive Assembly OF the Hawaiian Islands, In
the Legislature of the Kingdom assembled {:
Section /. When a witness whose tes-
timony is wanted IN any civil cause pending
in this Kingdom, shall live on another Island
from that on which the trial is 10 be held, or
shall be about TO 90 out Of the Kingdom,
and not TO return IN time for the trial, or Is
so sick, infirTn, or aged IS to make It proba-
bic that he will not be able to attend at the
trial, his dispositions may be taken III the
manner hereinafter prescribed
SEC. 2. At any time after the cause IS
commenced by the service OF process, or after
IT IS submitted 10 arbitrators or referees,
either party may apply 10 any District JUS
tice, or any Circuit Judge or any Clerk of u
Court of Record who shall issue a notice 10
the adverse party 10 appear before the said
District Justice, Circuit Judge, OF Clerk Of a
Court of Record, al the time and place APP
pointed for taking the dispositions, and to
put such heterogeneous as he may think fit.
SEC. 3. The said notice shall be served
on the agent or attorney OF the adverse par
~, and shall have the same effect as if served
on the party himself.
SEC. 4. If there are several parties on
either side of the cause, plaintiffs or defen-
dants, a notice served on either of them shall
be sufficient.
SEC. D. The notice shall be served by
leaving a copy thereof NJ the place OF abode
OF the person 10 be notified, allowing in all
cases not less than tyyentv-four hours after
such notice, before the time appointed for
taking the dispositions, and not less than one
day additional, exclusive of Sundays, for
every twenty-five miles of travel Of the oppo-
site party, if he shall live more than twenty
five miles from the place of taking the
deposition.
SEC d. The deponent shall be sworn, or
affirmed to testify the truth, the whole truth
and nothing but the truth, relating TO the
cause for which the deposition is taken, and
shall there be examined by the District JUS
tee, Circuit Judge or Clerk as aforesaid. or
by the parties; and his testimony shall be
taken in writing. The examination shall be
either verbal or by written interrogatories.
SEC. z. The deposition shall be written
by the officer before whom the deposition is
taken. Or by some other impartial person, by
him appointed, Ill the presence and under
the direction of the said officer, and shall be
carefully read TO or by the deponent, and
shall then be subscribed by him.
SEC. S. The officer taking the deposition
shall annex 70 the deposition, Il certificate of
the time and manner of taking 1t, the person
at whose request, and the cause or suit for
which II WaS taken. and stating also whether
the adverse party attended, and If not, stat
ing the notice, if any, that was given him.
SEC. g. The deposition shall be delivered
by the officer taking the same, to the Court,
Arbitrators, or Referees before whom the
cause Is pending, or shall be enclosed and
sealed and directed to them, and shall re-
main sealed until opened by the direction of
any Justices of the said Courts, Arbitrators
or Referees.
SEC. 10. Every objection to the compe-
tency OF credibilIty of the depOnent, and TO
the propriety of any questions put to him,
or any answers made by him, NAV be made
when the deposition is produced, in the same
manner as if the witnesses were personally
present and examined at the trial and the
Court shall have authority TO order anv
testimony which IS deemed inadmissibIe TO
be expuuged. provided that if any deposition
is taken upon written interrogatories. ali OBJ
%Jectlons 70 an i~nterrogarory shall be made
before IT is answered, and If the interrogatory
IS not withdrawn, the objection shall be noted
thereon, and otherwise the objection shall
not be considered.
SEC. IL. When the plaintiff in any suit
shall discontinue 1t or become nonsuited, and
another suit shall afterwards be commenced
LOI Tie same cause DclNGtu the same parties
or their respective representatives, all deposi-
tions and testimony lawfully taken and filed
IN the Court IN any preceding suit, may be
used in tine succeeding suit, in like manner
as II taken in the said suit.
SEC. II. Any witness may be summoned
and compelled to give his dispositions at any
place ON the Island on which he has his
abode. in like manner and under the same
penalties rs he may be summoned and COM
PEELED to attend as witness in any Court.
SEC. -. This Act shall become a law
from and after the date of its passage, and
all laws aud parts of laws in contraTiety to
the provisions of this Act are hereby repealed.
Approved this Both dav of December, 4.
d. 1864. kANEHAMEHA +.