104 DISTRICT OF COLUMBIA. m m- . 882. A def dent wishing to take the deposition of a witness T§?;;1§>¤¤g be w regdijn g more tha1iudne_hnndred miles from the city of Washington may
- z March 1866, e. select any of the following officers as a commissioner to take such depo-
106.¤-2.v-1%.r- 528- sition, either by the name of office of such onicer, or by his individual name and official style: First. The clerk or _|udge_of any court of record. Second. Any notaryfpulblmf. had St be Th' d. A onsu o the ni a . \Vhat commission Snd 883?]¥i‘he name of the court of which such constituted commis- 1**** 5*****- sioner is clerk or judge and,the name of the State and county, or if with- TQT out the United States the name of the State and town, or_ city, in which such notary or consul resides must be stated in the notice and m the m'ss' u. N<>*i¤¤ *0 <1i¤*¤‘i<=* wgnct 88:1. Five days' notice must be given by a defendant, or his "°°°"’°y‘ , attorney, of the time when a commission will sued out of the omce Ibi<1.,s.3. of the clerk of the supreme court of the District for taking the deposition of a witness. _C¤nt¤¤ts of no- Sec. 885. The notice must give the name of the witness and be accom- E';!;3?.___ panied with a copy of the interrogatories to be asked such witness. 1 . ,,,,€’,°;',,:‘;_°f "°I°'°° Sec. 886. The notice and copy of interrogatories may be served and ——;——————— returned in the same manner and by the same officers or persons as “"‘]·· “· 5»P· 529- provided for the service and return of a summons or subpoena in civil actions within the District. Cross-interrogw Sec. 887. At or before the time nxed in the notice, the district attor-
- °"°°· ney may file cross-interrogatories; but if he fail to so do, the clerk shall
V Ibid., s. 4,pp.¤2e, file the following: _ _’ ..29. First. Are all your statements in the foregoing answers made from your personal knowledge; and if not, do your answers show what are made from your personal knowledge and what from information and the sourcedof that information! lf not, now show what is from information an give its source. Second. State everything you know concerning this case favorable to Commission eiigier tg1;8G'<fy|emment or the defendant. · no. . e commission s a issue in the name of the supreme Ibid., e. 6. court, and under its seal, and must be signed by the clerk and need contain nothing but the authority conferred upon the commissioner and instructions to guide him, a statement of the cause in which the testi- D _ mony 18 to be used, and a copy of all the interrogatories filed appended. m,"?;:;, °f °°’“‘ Sec. 889. The person before whom any of the depositions are taken ..n_;;._ must cause the interrogatories appended to the com mission to be written Il>¤d-,s- 7- out, and the anpwers theretpl to be inserted immediately underneath the respec `ve ques ions- the w ole, when completed being read over y or to the witness, must be by him subscribed and’sworu to in the usual _ _ manner.
_ Sec. 890. All exhibits produced before the person taking the deposi-
Ibid., ¤. 8. tion, or proved or referred to by any witness, or correct copies thereof, mgtbet appendedtto hthe dézpositions, and returned with them, unless _ su cien reasons s own or not so doing. mg$:·’“°“*° “ “ *1 Sec. 891. The person taking the deposition shall attach his certificate mmm___ thereto, stating that it was subscribed and sworn to by the deponent Ib¤d-.¤- 9- at the time and place therein mentioned. The whole, including the £3'€i‘é‘2iL3i ‘I.'i"ti.‘§°’.5§’.€3.E.f’.§"2.*Z.*.."‘."*% 1'i."Z.“D"°ai°‘Z'°t‘ “" ’i"" i2E§"£E‘2 s r o is c mai , un defeudantand the district attorney agree upon some)other mode; and, Ilvhen r£ece1vednl>y_th]e clgik, he shall open the package and place the _ _ eposi ion on e in is office. _D°“¤¤°¤¤· __ §EO. 892. Ummportant deviations from any of the directions coll- 1;,5.1,,,, 1g_ Ltamed m the preceding sections shall not cause the deposition to be excluded where no substantial prejudice could be wrought to the Government by such deviation. ‘
