Page:1862 Territory of Dakota Session Laws.pdf/122

CHAP. VIII.] The mode of administering an oath shall be such as is most binding upon the conscience of the witness.

. 346. The testimony of witnesses is taken in three modes: 1. By affidavit. 2. By deposition. 3. By oral examination.

. 347. An affidavit is a written declaration under oath, made without notice to the adverse party.

. 348. A deposition is a written declaration under oath, made upon notice of the adverse party for the purpose of enabling him to attend and cross-examine; or upon written interrogatories.

. 349. An oral examination is an examination in the presence of the jury or tribunal which is to decide the fact or act upon it, the testimony being heard by the jury or tribunal from the lips of the witness.

. 350. An affidavit may be used to verify a pleading, to prove the service of a summons, notice, or other process in an action, to obtain a provisional remedy, an examination of a witness, a stay of proceedings or upon a motion, and in any other case permitted by law.

. 351. An affidavit may be made in and out of this territory before any person authorized to take depositions, and must be authenticated in the same way, except as provided in section one hundred and eight.

. 352. The deposition of any witness may be used only in the following cases: 1. When the witness does not reside in the county where the action or proceeding is pending, or is sent for trial, by change of venue; or is absent