Page:United States Statutes at Large Volume 47 Part 1.djvu/1137

72d C ONGRESS . SESS . II. CH. 127 . FEB RUA RY 27, 1933 . 2. By deposition; 3. By ora l examination . SEC . 1168 . AFFIDAVIT DEFINED .-An affidavit is a written declara- ti on under oath, mad e without notice to the adverse party . SEC. 1169 . DEPOSITION DEFINED . -A d epos itio n is a writ ten decl ara- tion, under oath, ma de upon notice to the adverse party, for the purpose of enabling him to attend and cross-examine . In all actions and proceedings where the default of the defendant has been dul y entered, and in all proceedings to obtain letters of administration, or for the probate of wills and the issuance of letters testamentary thereon, where , after due and l egal notice, thos e entitled to co ntest the applicatio n have failed to appear, the en try of said defa ults, and the failure of said persons to appear after notice, shall be deemed to be a waiver of the right to any further notice of any application or proceeding to take testimony by deposition in such action or proceeding . SEC . 1170 . ORAL EXAMINATION DEFINED .-An oral examination is an examination in presence of the jury or tribun al which is to d ecide the fac t or act upo n it, the t esti mony bei ng hear d by the ju ry or tribunal from the lips of the w itness SEC. 1171. DEPosrrroN DEFINED; HOW TAKEN .-Depositions must be taken in the form of question and answer . The words of the witness must be written down, in the presence of the witness, by the of fic er taking the deposition, -or by some disinterested person appointed by him .. It may be t aken do wn in sh orth and , in whi ch c ase it must be transcribed in to longhand by the person who took it down . Whe n completed, it must be careful ly read to or by the witness and cor- rected by him in any particula r, if desired, by writing or causing his corrections to be written in the body or margin of or at the bottom of the deposition, and must then be subscribed by the witness . The officer before whom the depos ition is taken m ust write his in itials near sai d corrections. If the parties agree in writing to any other mode, the mode so agreed upon mu st be followed . AFFIDATITS SEo. 1172. AFFIDAVITS AND DEPOSITIONS; F OR W HAT PURPO SES UsED . An affidavit may be used to ver ify a pleading or a paper in a sp ecial proceeding, to prove the servic e of a summons, n otice, or other paper in an action or special proceeding, to obtain a provisional remedy, the examination of a witness, or a stay of proceedings, or u pon a motion, and in any other case expressly permitted by some other provision of"this code . SEC . 1173. EVIDENCE OF PU BLICATION, WHAT .-Evidence of the publication of a document or notice required by law, or by an order of a co urt or judg e, to be pu blis hed in a new spa per, may be give n by the affidavit of the printer of the newspaper, or his foreman or principal clerk, annexed to a co py of the document or notice, specifying the times when, and the paper in which, the publication was made. S EC. 1 174. FILING EVIDENCE OF PUBLICATION .-If such aff idav it be made in an action or special proceeding pending in a court, it may be filed with the court or the clerk thereof . The original affid avit, or a copy thereof, certified by the judge of the court or clerk having it in custody, is p rima fac ie e vide nce of the fact s st ated the rein . SEC. 1175 . AFFIDAVITS TO BE USED IN TILE CANAL ZONE, BEF OR E WHOM MAY BE TAKEN .-An affidavit to be used before any court, judge, or off icer of the Can al Z one may be t aken be fore any off icer aut hor ized to administer oaths. 1113 "Affidavit" defined . "De posi tion . " "Oral examination ." Ta ki ng of deposition . Afdavits . Ald avit sand depo ai. tions, purposes of. As ev idence of publi- cation . Filing of. Before whom taken .