Page:United States Statutes at Large Volume 31.djvu/487

F IFTY-SIXTH CONGRESS. Sess. I. Ch. 7 S6. 1900. 435 First. When the witness is a party to the action or proceeding, by the adverse arty; · s I Second. When the witness’s residence is such that he is not obliged to attend in obedience to the subpoena, as provided in section six hundred and thirty; Third. When the witness is about to go more than one hundred miles be ond the place of trial; ' Fourth,. When the witness, otherwise liable to attend the trial, is nevertheless too inhrm to attend; Fifth. Wnen the testimony is required upon a motion, or in an other case where the oral examination of the witness is not requiredi CHAPTER SIXTY-TVVO. or THE MANNER or TAKING DEPOSITIONS OUT or THE DISTRICT. Sec. is Sec. 645. Testimony of a witness out of the · 649. Trial, when postponed therefor. district, how taken. 650. Deposition taken out of district be- 646. Commission, how and by whom fore commission. issued. 651. Either party may attend or require 647. Interrogatories may be annexed. written interrogatories. 648. Contents of commission. Sec. 645. The deposition of a witness out of the district may be taken T¤¤ti¤j<>¤j* vga girupon commission issued from the court, or without commission before a iiiizi, iliiwiiokimi iS` commissioner appointed by the ·overnor of the district to take depositions in any State, Territory, oril)istrict of the United States, or in any foreign country. Sec. 646. The commission may be issued by the clerk of the court, an%°g;Pjv§fg‘;‘gS*;gdW or by a justice of the peace in a cause in his own court, on the applica- ` tion of either party upon five days’ previous notice to the other. It shall be issued to a person agreed upon by the parties, or if they do not agree, to a judge, justice of the peace, notary public, or clerk of a court, selected by the officer issuing it. SEc. 647. Such interrogatories, direct and cross, as the -respective beI3§;‘§·‘g*:1°¤¤¤¤m¤Y parties may prepare, to be settled by the clerk or justice in a summary ` manner as to the form thereof, if the parties disagree, may be annexed to the commission, or when the parties agree to that mode, the examination may be without written interrogatories. Sec. 648. The commission shall authorize the commissioner to admin- S,(fxQ¤*°¤”°f°°mmi* ister an oath to the witness and to take his deposition in answer to the ` interrogatories, or when the examination is to be without them, in ·respect to the question in dispute, and to certify the deposition to the ' court in a sealed envelope, directed to the clerk or justice who issued the commission, or other person designated and agreed upon, and forward it to him by mail or other usua channel of conveyance. . Sec. 649. A trial or other proceeding shall not be postponed by reason 'ggiaeiihgggij P¤¤*» of a commission not being returned, except it appear by aflidavit that P0 °' the testimony of the witness is material and necessary, and that proper diligence has been used to obtain it. SEo. 650. The deposition of a witness out of the district, and in any 0uQ¢§?¤£j€gct¢%(§¤¤ State, Territory, or District of! the United States, may also be taken oommisoioo. m before a commissioner ap oiiited by the governor of the district to ` take depositions in such Sptate, Territory, or District, upon giving to the adverse party eight days’ notice of the time and place of the examination, the name of the commissioner, and the witness, if the distance of the place of examination from the place where the testimony is to be used does not exceed fifty miles, and one day in addition for every additional twenty-five miles. SEQ. 651. Either party may attend upon such examination and ,€§§*}.f;’§g,{f1>;,g**{g’:,'; €Xam1ne the witnesses upon oral interrogatories, but If either party, tcuinrerroomiries.