Bozeman avant courier. [volume] (Bozeman, Mont.) 1872-1882, 1874-03-06
MONTANA CIVIL PRACTICE
AMENDMENTS.

any non n-resident witness or witncSse
shall be necessary in any civil cXis
depending in any court Of law or eqnit
in this Territory it shall be lawful 70
the party wishing to use the same, g
giving to the adverse party, or his al
tOrncy, five days previous notice to
gether with copy Of the intcrroga
tions intended to be put to such wit
ness OF witnesses, to sue out from tn
proper clerks Office a commission I'LL
der the seal of the court to he directet
! to any person as commissioner, or t
any judge, or justice Of the peace
clerk Of a court Of record, or notar.
public Of the county Or city in whic!
| (sucli y witness or witnesses may re
side, authorizing and requiring him t
cause snch witness or witnesses T.
come before him at such place an(
time as he may designate and appoin
and faithfully to take his, her, or thei
deposition or dcIositions upon all sue.
inteTogations as may be enclosed viii
or attached tc such commission boil
on the part Of plaintiff and defendant
and none others, and to certify tht
same when taken together with thf
said commission and interoSa:ions
into the court inwhich snch cause may
be depending with least possible de-
lay.
Section 2. Every examination and
deposition whicl, shall he taken and
returned according to the provisions
Of this act, may be read IN the cause
in which it shall be taken with the like
effect as if such witness had been pres
ent and examined by parol, in open
court on the trial or hearing thereof.
Section 3. All dispositions taken in
pursuance hereof, when returned into
court, may be read by either party OH
the trial of the causes to which they
relate.
Section 4. Such deposition when
taken as above provided shall be ccr-
tilted by the officer taking the same to
the court i'll q sealed envelope directed
to the clerk and forwarded to him by
mail Or other usual channel OF convey
ancc. Sections 4So, 4S3 and Ash of
chapter six Of the Civil Practice Act
are hereby repealed.
Section 5. 70 render an appeal eflec-
tive for any purpose in any case, a
written undertaking shall be executed
upon the Part OF the appellant hy at
least two stireties TO the effect that the
will prosecute his arpea!
with effect, and Will pay all damages s
and costs wlli;h may b, awarded
against him on tie dismissal or trial ci'
the appeal net exceeding $500, CT that
sum shall be deposited with the clerk,
Wit, WON the Judgment or order v';:s
entered to abide the result of the ap
peal. Such undeTtt ii,1s shall be led
or such deposit made with the clerk
witlia five days after the notice CT ap-
pes. is fled.
Section 6. In all cases when notice
Of i;itent:c.: to mcye fer q new trial in
accordance with the provisions ci'
chapter ten CT the Civil Practice Ac:
'..Ncw Tr;al,' shall have been
.;ven the judge ci the c";trt i'll which
ne trial shall have been had, may,
lpcn such terms as in his opinion s!,ai!
30 Just make an order staying proceed!
ngs in the cause until the motion FIR
. new t,ia: shall have been disposed ot.
Section 7. After the lapse Of !;vc
ears from the entry of judgment All
can only be Issued by leave
# the court, upon motion without per
'onal notice to the adverse party un-
css lie be absent Or nonresident, or
.annct hc found to make such service.
Il which case service may be made by
publication, or in such otter manner
IS the court HAY direct. Such leave
hall not be given unless it be cs:ab-
is!cd by the oath of the party or other
satisfactory proof that the Judgment
r some part thcrOf remains lUlsatis
ed and due, but the leave shall not
e necessary when execution has been
ssued on the Judgment within the five
ears and returned unsatisfied in whole
L in part.
Section 8. In no case shall the fees
f more than four witnesses be taxed
gainst the party against whom judg-
lent shall be given for costs unless
he court shall certify that more than
cur witnesses were really necessary,
1 which case the clerk shall tax the
osts of as many witnesses as the court
hall so certify.
Section 8. Section 557 of the Civil
racticc Act is hereby amended by
dding thereto as follows: "Provided
owcver that no allowance or charge
hall be made for the attendance Of
illnesses, unless the witness shall
lake affidavit before the clerk, Of the
lumber Of days he or she actually at
,nded, and OF the distance he or she
lall have travelled, and that such at
was at the instance of one
: both parties, or his, or her CT their
Itorney."
Section 10. In all cases after final
ldgment it shall be Lawful for the
ERIK to make out and tax bill of
,sts against the party incurring the
lid costs and certify the same under
ne seal of the court which being de-
yered to the sheriff of the proper
,unty he shall demand payment there
from the persons therein charged, {
I'd if payment shall not be made with I
twenty days after such demand, the ;
leriff shall levy the same on the
pods, chattels, lands and tenements ,