The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1875-02-19

mony of any or all Of the Witnesses In n sujt 1,
equity, may By the consent of the parties nm,
OF the Court, be taken orally at the henrig. orit
n suits fora dissolution of the marriage col,
tract, the Court shall have power in Nh cascs
Dy special order or Standing fule 10 order III,
testimony to be taken orally In omen Coni.t
Iy0r6ded llt7they. That when any tesfimonv il
.sc,i s oiily III nii equity case upon an Issue
swer or reply, the said Testimony shSil he y,
duced 70 writing DE the Judge Of tile Court. OF
DN u person under his direction, and tile same,
| .or when taken in shQrthand, 4 complete nnd
Iull written report thereof, shall be filed will
me raners in the suit, ana be regIrded n demo.
sition or positions in the case on appeal to nm
Appellate Court. Prorid9d further Thai in nm h
action, suit or proceeding, in any Court E III
state, the Court inaynnOn its own motion ana
shlll, when the parties shall so agree in writing
anq also, at the request Of either party, tosuch
action suit or proceeding, and al the cost oj
sllch party, appoint competent Shorthand re-
porter, II one can be obtained without delaying
he action suit or proceeding, to take down in
short-hhnd all the testimony introduced in snch
action, suit or proceeding together with fhn
objections OF counsel 10 such, Testimony ihe
rulings OF the Court thereon. and the EXCEPTIONS
OF eonhse, lhereIo, anu IN case such reporter is
appointed upon the motion of The Court or
unon he agreement ofthe parties the expense
thereof shall abide the event Of fle action sniff
Or proceeding and be deemed purt of the dis
bnrsements therein, and tho concentration fo
be rlid such reporter shall IN all e,ses bp fixed
by the Court by order made and entered Of
record. Before entering uNon lis duties such
reporter. so APPOINTED, shall tnle and subscribe
| 10 an oath TO faithfully and iupalainlIy ijer.
FORM the duties OF Court reporter, which sinll
pc nieu with the papers in the action, suit or
| proceeding"
Sec, 2. That Section 599, of the, Code of Civil
Procedure. approved October il, 1872 as anne nd.
cd by Section second Of the Amendatory Act.
approved October %, ls72, be amended so as to
s'See 526 ANY party to n iu,lp,nent mr. fiecraa
| other thin Judgment or decree given by con-
tession, Or for want of an answer, may appeal
therelrom, me party appealing is known as'
the appellant, and ne adverse party as the re-
spondent; but the title of the action or suit il
not changed in in consequence of the appeal {"
sec. :. That Section SO4, OF the Code of Civil
Procedure, approved October II, 1862, as amend
ed by Section of heamendatory Act, approved
october 2s, 1877, be amended SO As to read as iol-
lows:
"Sec 8O4. The testimony of a witness in this
State may be taken by deposition, in am actionI
at law, at any time after the service of inc sum
mons, or the appearance Of the defendant, and |
IN IN snecai proceeding; aitera question Of fact
has arisen therein. in the following cases.. !,
II. When the witness is party to the action, |
or proceeding, by the adverse party; + |
when the witnesses residenceis such that
he IS not obliged TO attend in obedience to a |
subpoena, as provided in Section 1855;
80 When the witness is about to leave the
county, and go more than twenty miles beyond
the plce OF trial;
81 When the witnesses, otherwise liable to
attend the trial, is nevertheless too infirm to
attend:
y; When the testimony is required upon a,
motion, or in any other case where the oral ex-
animation of the witness is not required" /
Sec. 4. That Section sos, of the Code of Civil /
Procedure, approved October H. 1862, as amend
Ell by section of the amendatoIy Act, approved
october 26, 1872 be amended so as to read as fol-
lows: T
sec S05. The testimony of witness in q |.
suit In equity is taken by deposition, or orally,
elsewhere in
Code, and in the manner provided in this chan
ter unless the Court makes an order, as it is
hereby empowered to, of reference to take the
= stimony in the case and report the same to
the Court. The Court NAV also direct the Ref
cree to state in his report, the conclusions OF
iact, orfacts and law, rs found by him. In such
case the witnesses shall be examined before the
or within twenty miles of the niacc of hea,.iti11
of the said reference, and their testimony re-
duced to writing and subscribed in the same
manner as in ordinary casns of reference; and,
in case the Referee is directed to state the con-
cluslon Of fact, orof ihcs and law, foundby him,
the testimony of witnesses residing out of the
county, and more than twenty miles from such
place of hearing, may be heard before the Ref
cree by deposition, or orally, at the option of
the party producing the witness; PROVIDED, This
section shall not be construed to apply to- or
affect any testimony taken in any snit now
pending, or heretofore tried before a Referees
Sec. 8, That Section gI3 of the Code of 1liviI
Procedure approved October ii. 1852 ms amend.
ed by Section of nm amendatory Act. approved
October "a, 1866 be amended SO ms 10 read as
follows:
NSee S12 Eithnr marty, NAV, +ol,o +Io +as.i,
mony of witness in this Sinte bv denosit ion in
the cases allowed by this Code before the Clerk
of the Court of Record or other person autboIs
lied to administer oaths on giving the adverse
party previous notice the time and place of
the name of the officer nnd the
witness; such notice shall he nj least three rIovs
if the distance of the place Of examinai6n fr9n,
the residence of the person 10 whom the notice
is given do not eveeed twentt,.6,,a r,ilas n,Sd [
one day IN addition fo,eve,a, ,ionai T,. ~
five miles unIess tho Cont irT i,,i~a ~, ,,,.Sf l.