Page:Federal Reporter, 1st Series, Volume 9.djvu/770

IN BE CARY. 755 �among which is that 6i Henry E. Hopkins, a witness called by the bankrupt, examined on his bebalf, and also cross-examined. The deposition of Hopkins, as appears by additional affidavits submitted in respect thereto, was first taken by a stenographer, who furnished to the counsel for the bankrapt, "some considerable time after- wards," a long-band copy of his notes of the testiinony; and covinsel thereupon endeavored to ohtain the f urther attendance of the witness for the purpose of having this transcript of the notes read over and subscribed by the ■witness in the presence of the register, but the wit- ness eould not then be found, having, as it is alleged, left the state, and his whereabouts being unknown. The stenographer submits an affidavit that the long*hand copy is a correct transcript of the notes taken by him, and the register certifies that the witness was sworn, examined, and cross-ex&mined before him. Counsel for the respond- ent now moves, before the hearing of the order to show cause upon the referee's report, for an order, in effeut, suppressing the testimony of Hopkins, on the ground that it bas never been read to or sub- scribed by him. �Section 5003 of the Revised Statutes prescribes that testimony is to be given "in the same manner as in suits in equity in the circuit court." Section 5006 authorizes the court to punish a witness for contempt "for refusing or declining to swear to or sign his examina- tion." General order No. 10 provides that witnesses "shall be subject to examination and cross-examination, which shall be had in conform- itywith the mode now adoptedin courts of law;" and that depositions upon Buch examination "shall be taken down in writing by or under the direction of the register, and, when completed, shall be read over to the witness, and signed by him in the presence of the register." By section 4990 the then existing general orders of the supreme court were readopted. �The mode of giving testimony in suits in equity in the circuit court, referred to in section 5003, is substantially the same as that directed by order No. 10, with a slight variation. The general rule in equity promulgated at the December term, 1861, provides that the depositions taken upon oral examination, "when completed, shall be read over to the witness and signed by him in the presence of the parties or counsel, or such of them as may attend; provided, if the witness shall refuse to sign the deposition, then the examiner sball sign the same." Under this rule the signature of the witness in equity suits in the United States courts is not an indispensable con- dition to hie deposition being received. ��� �