Helena weekly herald. [volume] (Helena, Mont.) 1867-1900, 1874-03-05
THE WEEKLY HERALD
PUBLISHED EVERY THURSDAY MORNING.
. ?. " y, !,s*:i t:ski FISK Bros, Publishers
MONTANA
Civil Practice Amendments.

SECTION |. When the testimony of any
nonresident witness, or witnesses shall he
necessary in any civil cause depending in any
court of law or equity in this Territory it
shall bc lawful for the party wishing to use
the same. on giving to the adverse party, or
his attorney, five days previous notice to-
gcthcr with Il copy of the ihtcrroyaions in
tended to be put to such witness or witnesses,
to sue out from the proper clerks Office a
commission under the seal of the court to be
directed to any person as commissioner, or
to any Judge. or justice of the peace, clerk
of 4 court of record, or notary public of the
county or city in which (such?) witness or
witnesses may reside, authorizing and re-
uuiring him to cause such witness or wit
ncsscs 10 come before him ut such place and
time IA, nc may ..>,.,.a'n am appoint and
faithfully to take his, her, or their deposition
or dispositions upon all such interrogatOns as
may bc enclosed with or attached to such
commission both on the part of plaintiff and
defendant, and none others, and to certify
the same when taken together with the said
commission and interrogations into the court
in which such cause may be depending with
least possible delay.
SECTION 2. Every examination and de-
position which shall be taken and returned
according to the provisions Of this act, may
be- read in the cause in which it shall bc taken
with the like effect as if such witness had
been present and examined hy parol, in open
court on the trial or hearing thereof.
SECTION ;. All dispositions taken in pur-
suance hereof, when returned into court, may
I've read by either party on the trial of the
causes to which they relate.
SsCrlox4 Such deposition when taken
IS above provided shall he certified by
the officer taking the same to the court
in sealed envelope directed to the
clerk and forwarded to him by mail or other
usual channel of conveyance. Sections ~
483 aud 484 of chapter six of the Civil Prac-
tee Act are hereby repealed.
SECTION 5. To render an appeal effect
i've for any purpose in any case, written
undertaking shall be executed upon the part
of the appellant by at lcast two sureties to
the effect that the appellant will prosecute
his appeal with effect, and will pay all dam
ages and costs which may be awarded against
him on the dismissal or trial of the appeal
not exceeding $500. or that sum shall be de-
posted with the clerk, with whom the judg-
ment or order was entered to abide the result
of the appeal Such undertaking shall be filed
or such deposit made with the clerk within
five days after the notice of appeal is filed.
SECTION 6. In all cases when notice of in
tcntion to move for new trial in accordance
with te provisions of chapter ten OF the
Civil Practice Act entitled ''New Trials"
shall have been given the judge of the court
in which the trial shall have been had, may,
upon such terms as in his opinion shall be just
make on order staying proceedings in the
cause until the motion for 4 new trial shall
have been disposed of.
SECTION :. After the lapse of five years
from the entry Of judgment an execution can
only be issued by leave of the court, upon
motion with personal notice to the adverse
party unless he bc absent or nonresident, or
cannot be found to make such service, in
which case service may be made by publica-
ton, or in such other manner as the court
shall direct. such leave shall not be given
unless it be established by the oath of the
party or other satisfactory proof that the
Judgment or some part thereof remains un-
satisfied and due. but the leave shall not he
necessary when execution has been issued or
the judgment within the five years and re-
turned unsatistied in whole or in part.
SKtTloN g. In no case shall the fees of
more than four witnesses be taxed against
the party against whom judgment shall be
given for costs unless The court shall certify
that more than four witnesses were really
necessary. in which case the clerk shall tax
the costs of as many witnesses as the court
shall so certify.
SECTION 9. Section 81. of the Civil Prac-
,ice Act is hereby amended by adding thereto
rs follows: provided however that no allow
ancc or charge shall bc made for the attend
ance of witnesses, unless the witness shall
make affidavit before the clerk, Of the num-
her of days he or she actually attended, and
Of the distance he or she shall have travelled,
and that such attendance was at the instance
of one or both parties, or his, her or their at
tOrnev.'
81 .;oN y. ~ a.! csscs after tina. ,uds
nr1. 4 sia. " lawful for the clerk u 1,sAe
>a; IL IA Dill ~ costa sgs.nst The ra-,y
,-rurcisg toe sa't cosss AMI certify TIE ssIne
ser n. s,,s' - ,ae cou,t which bc;Eg de-
were = q. sksxi. of ,ts p-orst cSarty he
saxs! .ta.s-,G psysasrs che. '.of fYon the pes.